I got an OWI in indiana last year and was charged with a breath refusal also. I have already been to court and agreed to a 90 day license suspension for the OWI and 1 year for the refusal. I had a prior OWI over 10 years ago so this was treated as a first offense. The BMV however has suspended my license for 2 years for the refusal since I had a prior. I have had the court send them a certified letter saying the agreed to only 1 year for the refusal. The BMV is not making this adjustment, they are just telling me that the 2 years will remain. Can they do this if the court states it was agreed to in my plea agreement that it only be 1 year? This is why I plead guilty instead of fighting it becz the prosecutor reduced the suspension 1 full year. Whats the point of a plea agreement for my guilty plea if the BMV is not going to honor it?
1 Answer from Attorneys
You will need a copy of the please agreement and or a court order from the Judge in which you plead guilty in to sign an order stating that... you will then need to take it or send it to the main office of the BMV which is at the Indiana Govt. Center. Your attorney who did your case should handle this for you. If not, call my paralegal and she can schedule a time for you to meet with us and bring your paperwork. All paperwork must be clerk certified or court certified.... we can then submit it to the BMV for you.
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