reglab/housing_qa huggingface dataset:
IN Code § 9-30-5-8.5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-8.5. Class C Infraction; Person Less Than 21 Years of Age Driving Under the Influence

Sec. 8.5. (a) A person who:(1) is less than twenty-one (21) years of age; and(2) operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) gram but less than eight-hundredths (0.08) gram of alcohol per:(A) one hundred (100) milliliters of the person's blood; or(B) two hundred ten (210) liters of the person's breath;commits a Class C infraction.(b) In addition to the penalty imposed under this section, the court may recommend the suspension of the driving privileges of the operator of the vehicle for not more than one (1) year.As added by P.L.96-1996, SEC.5. Amended by P.L.33-1997, SEC.10; P.L.1-2000, SEC.10; P.L.175-2001, SEC.10.
IN Code § 9-30-5-9 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-9. Operation of Vehicle in Place Other Than Public Highway

Sec. 9. It is not a defense in an action under this chapter that the accused person was operating a vehicle in a place other than on a highway.[Pre-1991 Recodification Citation: 9-11-2-9.]As added by P.L.2-1991, SEC.18.
IN Code § 9-30-5-9.5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-9.5. Probationary Driving Privileges; Inapplicability to Commercial Driver's License

Sec. 9.5. Probationary driving privileges under this chapter do not apply to a commercial driver's license in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).As added by P.L.219-2003, SEC.7. Amended by P.L.125-2012, SEC.338.
IN Code § 9-30-5-15 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-15. Imprisonment; Community Restitution or Service; Alcohol or Drug Abuse Treatment

Sec. 15. (a) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:(1) order:(A) that the person be imprisoned for at least five (5) days; or(B) the person to perform at least two hundred forty (240) hours of community restitution or service; and(2) order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;if the person has one (1) previous conviction of operating while intoxicated.(b) In addition to any criminal penalty imposed for an offense under this chapter, the court shall:(1) order:(A) that the person be imprisoned for at least ten (10) days; or(B) the person to perform at least four hundred eighty (480) hours of community restitution or service; and(2) order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse;if the person has at least two (2) previous convictions of operating while intoxicated.(c) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, a sentence imposed under this section may not be suspended. The court may require that the person serve the term of imprisonment in an appropriate facility at whatever time or intervals (consecutive or intermittent) determined appropriate by the court. However:(1) at least forty-eight (48) hours of the sentence must be served consecutively; and(2) the entire sentence must be served within six (6) months after the date of sentencing.(d) Notwithstanding IC 35-50-6, a person does not earn good time credit (as defined in IC 35-50-6-0.5) while serving a sentence imposed under this section.[Pre-1991 Recodification Citation: 9-11-3-4.]As added by P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3; P.L.32-2000, SEC.2; P.L.85-2004, SEC.48; P.L.168-2014, SEC.18; P.L.74-2015, SEC.1; P.L.217-2017, SEC.74.
IN Code § 9-30-5-16 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-16. Specialized Driving Privileges; Ignition Interlock Device; Violation

Sec. 16. (a) Except as provided in subsection (b), the court may, in granting specialized driving privileges under IC 9-30-16-3 or IC 9-30-16-4, also order that the specialized driving privileges include the requirement that a person may not operate a motor vehicle unless the vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.(b) A court may not order the installation of an ignition interlock device on a vehicle operated by an employee to whom any of the following apply:(1) Has been convicted of violating section 1 or 2 of this chapter.(2) Is employed as the operator of a vehicle owned, leased, or provided by the employee's employer.(3) Is subject to a labor agreement that prohibits an employee who is convicted of an alcohol related offense from operating the employer's vehicle.(c) A person who knowingly or intentionally violates a court order issued under this section commits a Class A misdemeanor.[Pre-1991 Recodification Citations: 9-6-8-5 part; 9-11-3-6 part.]As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.8; P.L.172-2006, SEC.2; P.L.217-2014, SEC.130; P.L.113-2014, SEC.31; P.L.188-2015, SEC.108.
IN Code § 9-30-5-17 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-17. Restitution to Emergency Medical Services Restitution Fund

Sec. 17. (a) In addition to:(1) a sentence imposed under this chapter for a felony or misdemeanor; and(2) an order for restitution to a victim;the court shall, without placing the individual on probation, or as a condition of probation, order the individual to make restitution to the emergency medical services restitution fund under IC 16-31-8 for emergency medical services necessitated because of the offense committed by the individual.(b) An order for restitution under this section may not be for more than one thousand dollars ($1,000).(c) In making an order for restitution under this section, the court shall consider the following:(1) The schedule of costs submitted to the court under IC 16-31-8-5.(2) The amount of restitution that the individual is or will be able to pay.(d) The court shall immediately forward a copy of an order for restitution made under this section to the Indiana emergency medical services commission under IC 16-31-8.[Pre-1991 Recodification Citation: 9-11-3-7.]As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.68.
IN Code § 9-30-5-18 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 5. Operating a Vehicle While Intoxicated|9-30-5-18. Driving While Intoxicated or Alcohol and Drug Services Program; Certified Abstract of Program Enrollment

Sec. 18. (a) If:(1) a criminal proceeding for driving while intoxicated under IC 9-30-5 is deferred under IC 12-23-5-1 through IC 12-23-5-9; or(2) a child alleged to be a delinquent child based upon the child's violation of IC 9-30-5 voluntarily attends or is ordered by the court under IC 31-37 to attend an alcohol and drug services program;the court, within ten (10) days after the defendant or child begins the program, shall forward to the bureau a certified abstract of program enrollment.(b) The abstract must state the following:(1) The defendant's or child's name, address, date of birth, and driver's license number.(2) The name and location of the alcohol and drug services program that the defendant or child is attending.As added by P.L.125-2012, SEC.342.
IN Code § 9-30-6-1 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-1. Chemical Test for Intoxication; Implied Consent

Sec. 1. A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.[Pre-1991 Recodification Citation: 9-11-4-1.]As added by P.L.2-1991, SEC.18.
IN Code § 9-30-6-2 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-2. Probable Cause; Offer of Test; Alternative Tests; Requirement to Submit

Sec. 2. (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter, IC 9-30-5, or IC 9-30-9, or a violation under IC 9-30-15 shall offer the person the opportunity to submit to a chemical test.(b) A law enforcement officer:(1) is not required to offer a chemical test to an unconscious person; and(2) may offer a person more than one (1) chemical test under this chapter.(c) A test administered under this chapter must be administered within three (3) hours after the law enforcement officer had probable cause to believe the person committed an offense under IC 9-30-5 or a violation under IC 9-30-15.(d) A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.[Pre-1991 Recodification Citation: 9-11-4-2.]As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.7.
IN Code § 9-30-6-3 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-3. Arrest; Probable Cause; Evidence of Intoxication; Refusal to Submit to Test; Admissibility

Sec. 3. (a) If a law enforcement officer has probable cause to believe that a person committed an offense under IC 9-30-5, the person may be arrested. However, if the chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter, IC 9-30-5, or IC 9-30-9.(b) At any proceeding under this chapter, IC 9-30-5, or IC 9-30-9, a person's refusal to submit to a chemical test is admissible into evidence.[Pre-1991 Recodification Citation: 9-11-4-3.]As added by P.L.2-1991, SEC.18.
IN Code § 9-30-6-4.3 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-4.3. Seized Vehicles; Registration of Certain Vehicles Prohibited

Sec. 4.3. (a) This section applies only to a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15).(b) If the bureau receives an order from a court recommending that the bureau not register a motor vehicle in the name of a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau may not register a motor vehicle in the name of the person whose motor vehicle has been seized until the person proves that the person possesses a driver's license with valid driving privileges.As added by P.L.94-2006, SEC.6. Amended by P.L.1-2007, SEC.95; P.L.125-2012, SEC.343; P.L.13-2013, SEC.40.
IN Code § 9-30-6-5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-5. Breath Test Operators, Equipment, and Chemicals; Certification; Rules; Certificates as Prima Facie Evidence

Sec. 5. (a) The director of the state department of toxicology shall adopt rules under IC 4-22-2 concerning the following:(1) Standards and regulations for the:(A) selection;(B) training; and(C) certification;of breath test operators.(2) Standards and regulations for the:(A) selection; and(B) certification;of breath test equipment and chemicals.(3) The certification of the proper technique for administering a breath test.(b) A certification in accordance with rules adopted under subsection (a) shall be:(1) sent in writing to the clerk of the circuit court in each county where the breath test operator, equipment, or chemicals are used to administer breath tests; or(2) published on the Internet web site of the department of toxicology.However, failure to send or publish a certification as required by this subsection does not invalidate any test.(c) A certification in accordance with rules adopted under subsection (a) that is sent in writing under subsection (b)(1) or published on the Internet web site of the department under subsection (b)(2) and obtained from the department as an electronic record bearing an electronic signature:(1) is admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15;(2) constitutes prima facie evidence that the equipment or chemical:(A) was inspected and approved by the state department of toxicology on the date specified on the writing or electronic record; and(B) was in proper working condition on the date the breath test was administered if the date of approval is not more than one hundred eighty (180) days before the date of the breath test;(3) constitutes prima facie evidence of the approved technique for administering a breath test; and(4) constitutes prima facie evidence that the breath test operator was certified by the state department of toxicology on the date specified on the writing or electronic record.(d) Results of chemical tests that involve an analysis of a person's breath are not admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15 if:(1) the test operator;(2) the test equipment;(3) the chemicals used in the test, if any; or(4) the techniques used in the test;have not been approved in accordance with the rules adopted under subsection (a).[Pre-1991 Recodification Citation: 9-11-4-5.]As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9; P.L.158-2011, SEC.2; P.L.38-2017, SEC.1.
IN Code § 9-30-6-5.5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-5.5. Procedure for Adoption of Certain Rules; Effective Date of Rules; Expiration of Rules; Treatment of Rules for Purposes of Other Statutes

Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement P.L.1-2000, the director of the department of toxicology of the Indiana University School of Medicine may adopt a rule required under section 5 of this chapter, section 6 of this chapter, or both in the manner provided for emergency rules under IC 4-22-2-37.1.(b) A rule adopted under this section is effective when it is filed with the secretary of state and expires on the latest of the following:(1) The date that the director adopts another emergency rule under this section to amend, repeal, or otherwise supersede the previously adopted emergency rule.(2) The date that the director adopts a permanent rule under IC 4-22-2 to amend, repeal, or otherwise supersede the previously adopted emergency rule.(3) July 1, 2001.(c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted under this section shall be treated as a requirement under section 5 of this chapter, section 6 of this chapter, or both as appropriate.As added by P.L.220-2011, SEC.231. Amended by P.L.40-2012, SEC.3.
IN Code § 9-30-6-7 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-7. Refusal to Submit to Chemical Tests or Test Results in Prima Facie Evidence of Intoxication; Duties of Arresting Officer

Sec. 7. (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person's driving privileges.(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall do the following:(1) Obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter held under IC 35-33-7-1.(2) Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.[Pre-1991 Recodification Citation: 9-11-4-7.]As added by P.L.2-1991, SEC.18. Amended by P.L.85-2013, SEC.93.
IN Code § 9-30-6-8.5 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-8.5. Ignition Interlock Device; Notice

Sec. 8.5. If the bureau receives an order recommending use of an ignition interlock device under section 8(d) of this chapter, the bureau shall immediately do the following:(1) Mail notice to the person's address contained in the records of the bureau stating that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8 commencing:(A) five (5) days after the date of the notice; or(B) on the date the court enters an order recommending use of an ignition interlock device;whichever occurs first.(2) Notify the person of the right to a judicial review under section 10 of this chapter.As added by P.L.76-2004, SEC.10. Amended by P.L.85-2013, SEC.95; P.L.149-2015, SEC.103.
IN Code § 9-30-6-9 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-9. Suspension of Driving Privileges; Duties of Bureau

Sec. 9. (a) This section does not apply if an ignition interlock device order is issued under section 8(d) of this chapter.(b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:(1) for:(A) one (1) year; or(B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or(2) until the suspension is ordered terminated under IC 9-30-5.(c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:(1) for one hundred eighty (180) days; or(2) until the bureau is notified by a court that the charges have been disposed of;whichever occurs first.(d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:(1) Mail notice to the person's address contained in the records of the bureau stating that the person's driving privileges will be suspended for a specified period, commencing:(A) seven (7) days after the date of the notice; or(B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;whichever occurs first.(2) Notify the person of the right to a judicial review under section 10 of this chapter.[Pre-1991 Recodification Citation: 9-11-4-9.]As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12; P.L.153-2005, SEC.4; P.L.94-2006, SEC.8; P.L.125-2012, SEC.345; P.L.85-2013, SEC.96; P.L.149-2015, SEC.104; P.L.188-2015, SEC.111.
IN Code § 9-30-6-10 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-10. Judicial Hearing; Petition; Issues; Findings; County Prosecutor to Represent State; Burden of Proof; Appeal

Sec. 10. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing:(1) in the court where the charges with respect to the person's operation of a vehicle are pending; or(2) if charges with respect to the person's operation of a vehicle have not been filed, in any court of the county where the alleged offense or refusal occurred that has jurisdiction over crimes committed in violation of IC 9-30-5.(b) The petition for review must:(1) be in writing;(2) be verified by the person seeking review; and(3) allege specific facts that contradict the facts alleged in the probable cause affidavit.(c) The hearing under this section shall be limited to the following issues:(1) Whether the arresting law enforcement officer had probable cause to believe that the person was operating a vehicle in violation of IC 9-30-5.(2) Whether the person refused to submit to a chemical test offered by a law enforcement officer.(d) If the court finds:(1) that there was no probable cause; or(2) that the person's driving privileges were suspended under section 9(b) of this chapter and that the person did not refuse to submit to a chemical test;the court shall order the bureau to rescind the ignition interlock device requirement or reinstate the person's driving privileges.(e) The prosecuting attorney of the county in which a petition has been filed under this chapter shall represent the state on relation of the bureau with respect to the petition.(f) The petitioner has the burden of proof by a preponderance of the evidence.(g) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on relation of the bureau with respect to the appeal.[Pre-1991 Recodification Citation: 9-11-4-10.]As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13; P.L.2-2005, SEC.38.
IN Code § 9-30-6-11 (2021)
2021 Indiana Code|Title 9. Motor Vehicles|Article 30. General Penalty Provisions|Chapter 6. Implied Consent; Administrative and Evidentiary Matters|9-30-6-11. Reinstatement of Driving Privileges; Rescission of Ignition Interlock Device Requirement; Conditions; Findings of Fact

Sec. 11. (a) Notwithstanding any other provision of this chapter, IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind an ignition interlock device requirement or reinstate the driving privileges of a person if:(1) all of the charges under IC 9-30-5 have been dismissed and the prosecuting attorney states on the record that no charges will be refiled against the person;(2) the court finds the allegations in a petition filed by a defendant under section 18 of this chapter are true; or(3) the person:(A) did not refuse to submit to a chemical test offered as a result of a law enforcement officer having probable cause to believe the person committed the offense charged; and(B) has been found not guilty of all charges by a court or by a jury.(b) The court's order must contain findings of fact establishing that the requirements for reinstatement described in subsection (a) have been met.(c) A person whose driving privileges are reinstated under this section is not required to pay a reinstatement fee.[Pre-1991 Recodification Citation: 9-11-4-11.]As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.