reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 6. Implied Consent; Administrative and Evidentiary Matters › 9-30-6-16. Bureau Certificate; Form and Contents

Sec. 16. The bureau certificate must contain the following information and may be substantially in the following form:
BUREAU OF MOTOR VEHICLES
CERTIFICATE
Date of Arrest
Time
Driver's License No.
License State
a.m.
/ /
p.m.
Name: (first)
(M.I.)
(last)
Date of Birth
/ /
CURRENT Address (street, city, state, zip)
Court Code
Cause Number
Sex
Weight
Height
Eyes
Hair
The above motorist
BUREAU USE ONLY
REFUSED alcohol test
FAILED alcohol test 0.%
Court Determination
It has been determined there was probable cause the defendant violated IC 9-30-5 this ___________ day of ________________, 20__ and that charges are pending herein.
_____________________ Court
______________________ County
____________________________
Judge's Signature
[Pre-1991 Recodification Citation: 9-11-4-16.]
As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.40.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 6. Implied Consent; Administrative and Evidentiary Matters › 9-30-6-17. Trial Date; Notice; Application

Sec. 17. (a) At least ten (10) days before the scheduled trial date of a person charged with a violation of IC 9-30-5, the prosecuting attorney shall notify any person who suffered bodily injury as a result of the alleged offense of the scheduled trial date. The notice must include information concerning the time and place of the trial.
(b) If the injured person died as a result of the alleged offense, the notice required under subsection (a) shall be given to the deceased person's parents, spouse, and children.
(c) This section applies only if the defendant's trial occurs more than ten (10) days after the alleged offense.
(d) A prosecuting attorney's failure to comply with this section is not grounds for postconviction relief.
[Pre-1991 Recodification Citation: 9-11-4-17.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 6. Implied Consent; Administrative and Evidentiary Matters › 9-30-6-18. Early Trial Request; Delay in Trial; Reinstatement of Driving Privileges; Rescission of Ignition Interlock Device Requirement

Sec. 18. (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(c) of this chapter is entitled to rescission of the ignition interlock device requirement or reinstatement of driving privileges if the following occur:
(1) After a request for an early trial is made by the person at the initial hearing on the charges, a trial or other disposition of the charges for which the person was arrested under IC 9-30-5 is not held within ninety (90) days after the date of the person's initial hearing on the charges.
(2) The delay in trial or disposition of the charges is not due to the person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlock device requirement or reinstatement of driving privileges under this section must file a verified petition in the court where the charges against the petitioner are pending. The petition must allege the following:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5.
(3) The date set for trial or other disposition of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an early trial of the matter at the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at least ninety (90) days after the date of the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5.
(C) The delay in the trial or disposition is not due to the petitioner.
(c) Upon the filing of a petition under this section, the court shall immediately examine the record of the court to determine whether the allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under this section are true, the court shall order rescission of the ignition interlock device requirement or reinstatement of the petitioner's driving privileges under section 11 of this chapter. The reinstatement must not take effect until ninety (90) days after the date of the petitioner's initial hearing.
[Pre-1991 Recodification Citation: 9-11-4-18.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.16; P.L.2-2005, SEC.41.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-0.5. Inapplicability to Operator of Personal Assistive Mobility Device

Sec. 0.5. This chapter does not apply to the operator of an electric personal assistive mobility device.
As added by P.L.143-2002, SEC.9.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-1. Definitions

Sec. 1. (a) As used in this chapter, "portable breath test" means a hand held apparatus that measures the alcohol concentration in a breath sample delivered by a person into the mouthpiece of the apparatus.
(b) As used in this chapter, "fatal accident" means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in:
(1) death; or
(2) bodily injury that gives a law enforcement officer reason to believe that the death of at least one (1) person is imminent.
[Pre-1991 Recodification Citation: 9-4-1-39.1(b) part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-2. Implied Consent to Portable Breath Test or Chemical Test

Sec. 2. A person who operates a vehicle impliedly consents to submit to the portable breath test or chemical test under this chapter as a condition of operating a vehicle in Indiana. A person must submit to each portable breath test or chemical test offered by a law enforcement officer under this chapter to comply with this chapter.
[Pre-1991 Recodification Citation: 9-4-1-39.1(d).]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.2.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-3. Offer of Test; Administration of Test

Sec. 3. (a) A law enforcement officer shall offer a portable breath test or chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury. If:
(1) the results of a portable breath test indicate the presence of alcohol;
(2) the results of a portable breath test do not indicate the presence of alcohol but the law enforcement officer has probable cause to believe the person is under the influence of a controlled substance or another drug; or
(3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.
(b) A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under this section. However, all chemical tests must be administered within three (3) hours after the fatal accident or the accident involving serious bodily injury.
(c) It is not necessary for a law enforcement officer to offer a portable breath test or chemical test to an unconscious person.
[Pre-1991 Recodification Citation: 9-4-1-39.1(e) part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-4. Breath Analysis; Blood, Urine, or Other Bodily Substance; Testing Requirements

Sec. 4. (a) If a chemical test conducted under this chapter involves an analysis of breath, the test must comply with the requirements under IC 9-30-6-5.
(b) IC 9-30-6-6 applies if a physician or a person trained in obtaining bodily substance samples who is acting under the direction of or under a protocol prepared by a physician or who has been engaged to obtain bodily substance samples:
(1) obtains a blood, urine, or other bodily substance sample from a person at the request of a law enforcement officer who acts under this section; or
(2) performs a chemical test on blood, urine, or another bodily substance obtained from a person under this section.
[Pre-1991 Recodification Citation: 9-4-1-39.1(e) part.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death › 9-30-7-5. Refusal to Submit; Penalties; Suspension; Proof of Future Financial Responsibility

Sec. 5. (a) A person who refuses to submit to a portable breath test or chemical test offered under this chapter commits a Class C infraction. However, the person commits a Class A infraction if the person has at least one (1) previous conviction for operating while intoxicated.
(b) In addition to any other penalty imposed, the court shall suspend the person's driving privileges:
(1) for one (1) year; or
(2) if the person has at least one (1) previous conviction for operating while intoxicated, for two (2) years.
(c) During the three (3) years following the termination of the suspension, the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.
[Pre-1991 Recodification Citation: 9-4-1-39.1(f).]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.4; P.L.94-2006, SEC.9; P.L.85-2013, SEC.98.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-1. Term of Installation; Costs

Sec. 1. If a court orders the installation of a certified ignition interlock device on a motor vehicle that a person whose license is restricted owns or expects to operate, the court shall set the time that the installation must remain in effect. However, the term may not exceed the maximum term of imprisonment the court could have imposed. The person shall pay the cost of installation unless the sentencing court determines that the person is indigent.
[Pre-1991 Recodification Citation: 9-11-3-6 part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.17; P.L.94-2006, SEC.10; P.L.172-2006, SEC.3; P.L.85-2013, SEC.99; P.L.188-2015, SEC.112.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-2. Blood Alcohol Level Rendering Vehicle Inoperable

Sec. 2. An ignition interlock device shall be set to render a motor vehicle inoperable if the ignition interlock device detects an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per:
(1) one hundred (100) milliliters of the blood of the person; or
(2) two hundred ten (210) liters of the breath of the person;
who offers a breath sample.
[Pre-1991 Recodification Citation: 9-11-3-6 part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.12; P.L.1-2000, SEC.12.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-3. Standards and Specifications; Approval of Ignition Interlock Devices; Reports; Evaluations and Recommendations

Sec. 3. (a) The director of the state department of toxicology shall adopt rules under IC 4-22-2 to establish standards and specifications for a certified ignition interlock device. The standards and specifications must require at a minimum that the device meets the following requirements:
(1) Is accurate.
(2) Does not impede the safe operation of a vehicle.
(3) Provides a minimum opportunity to be bypassed.
(4) Shows evidence of tampering if tampering is attempted.
(5) Has a label affixed warning a person that tampering with or misusing the device is a crime and may subject that person to criminal and civil penalties.
(6) Provides the ability to accurately identify the user.
(b) After July 1, 2015, all ignition interlock devices used in Indiana must be certified under rules adopted by the state department of toxicology.
(c) A vendor or provider may submit an application for approval of an ignition interlock device in a form prescribed by the director of the state department of toxicology.
(d) If testing is required to determine whether an ignition interlock device complies with standards set forth by the state department of toxicology, the testing must be performed by an independent laboratory designated by the state department of toxicology. The vendor shall pay any testing expenses under this section.
(e) If the director of the state department of toxicology finds that the ignition interlock device complies with the standards of the state department of toxicology, the director may approve the ignition interlock device as a certified ignition interlock device.
(f) The director of the state department of toxicology shall provide periodic reports to the criminal justice institute, including, but not limited to:
(1) the number of ignition interlock devices certified by the state department of toxicology;
(2) the number of ignition interlock devices currently installed in Indiana; and
(3) the number of ignition interlock devices rejected by the state department of toxicology.
(g) The state department of toxicology shall consider all recommendations made by the criminal justice institute.
(h) The criminal justice institute shall:
(1) evaluate reports submitted by the state department of toxicology;
(2) evaluate and study ignition interlock issues; and
(3) make recommendations to the state department of toxicology.
[Pre-1991 Recodification Citation: 9-6-8-2.]
As added by P.L.2-1991, SEC.18. Amended by P.L.217-2014, SEC.131; P.L.71-2016, SEC.2; P.L.23-2020, SEC.2.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-4. Calibration and Maintenance; Responsibility

Sec. 4. The calibration and maintenance of an ignition interlock device that is mandated by a court is the responsibility of the manufacturer.
[Pre-1991 Recodification Citation: 9-6-8-3.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-5. Restricted License; Issuance by Bureau

Sec. 5. If a court orders a person under IC 9-30-5-16 to operate only a vehicle that is equipped with an ignition interlock device, the bureau shall include that condition when issuing a license.
[Pre-1991 Recodification Citation: 9-6-8-4.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-6. Reports and Data

Sec. 6. (a) A vendor or provider whose ignition interlock device is certified under section 3 of this chapter shall provide a report to the court that ordered the device or the court's designee within two (2) weeks if any of the following occur:
(1) Any attempt to start the vehicle with a breath alcohol concentration of four hundredths (.04) grams or higher if the person does not register a test result indicating a breath alcohol concentration of four hundredths (.04) grams or lower within ten (10) minutes of the initial test.
(2) Absent a documented failure of the ignition interlock device, failure to take or pass any required test.
(3) Failure of the person ordered to use an ignition interlock device to appear at the ignition interlock vendor or provider for maintenance, repair, calibration, monitoring, inspection, or replacement of the ignition interlock device.
(4) Any violations of restrictions imposed by the court.
(b) Any person who is required to have an ignition interlock device installed as part of probation, a specialized driving permit, or any other order of a court is required to pay for the installation, leasing, maintenance, and removal of the ignition interlock device, as well as any additional expenses ordered by the court or the court's designee.
(c) An ignition interlock vendor or provider shall provide any reports or data requested by the state department of toxicology.
As added by P.L.217-2014, SEC.132.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-7. Rules; Ignition Interlock Inspection Account

Sec. 7. (a) This section applies after June 30, 2017.
(b) The Indiana criminal justice institute shall adopt rules under IC 4-22-2 concerning the following:
(1) Establishing standards for service centers and inspections.
(2) Establishing standards for ignition interlock device technicians.
(3) Installation of ignition interlock devices.
(4) Requirements for removing an ignition interlock device.
(5) Fees with respect to service centers and ignition interlock devices that do not exceed the cost of the program. Fees described in this subdivision shall be paid by the service center, by the vendor or provider of an ignition interlock device and used to defray the expenses of testing, examining, inspecting, and developing standards concerning service centers or ignition interlock devices. Funds collected under this subdivision shall be deposited in the ignition interlock inspection account established under subsection (c).
(6) Review of denial, suspension, or revocation of certification of service centers and ignition interlock device installers and technicians.
(7) Hearing procedures for service centers or installers of ignition interlock devices.
(8) Appeal procedures for service centers or installers of ignition interlock devices.
(c) The ignition interlock inspection account is established within the state general fund to defray the expenses of testing, examining, inspecting, and developing standards concerning service centers and ignition interlock devices. The account shall be administered by the Indiana criminal justice institute. The following provisions apply to the account:
(1) The account consists of:
(A) fees paid by the vendor or provider of an ignition interlock device;
(B) fees paid by the service center; and
(C) appropriations made by the general assembly.
(2) Money in the account may be spent to defray the expenses of testing, examining, inspecting, and developing standards concerning service centers and ignition interlock devices.
(3) The Indiana criminal justice institute shall annually prepare a plan for the expenditure of money in the account.
(4) The expenses of administering the account shall be paid from money in the account.
(5) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
(6) Money in the account at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.71-2016, SEC.3.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 8. Ignition Interlock Devices › 9-30-8-8. Memorandum of Understanding

Sec. 8. The bureau and the Indiana criminal justice institute shall enter into a memorandum of understanding to administer this chapter and IC 9-30-6-8(d).
As added by P.L.71-2016, SEC.4.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-0.5. Applicability After June 30, 2005

Sec. 0.5. After June 30, 2005, this chapter does not apply to a person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of a motor vehicle 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.8.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-1. Application

Sec. 1. This chapter applies to each court that is not authorized to establish an alcohol and drug services program under IC 12-23-14-1 through IC 12-23-14-13.
[Pre-1991 Recodification Citation: 9-11-5-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.91; P.L.84-2016, SEC.55.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-2. Establishment

Sec. 2. The court of a county may establish an alcohol abuse deterrent program after the county fiscal body adopts a resolution approving the program. The program must provide for the treatment of individuals who have been convicted of more than one (1) violation of IC 9-30-5 with disulfiram or a similar substance that the court determines is an effective chemical deterrent to the use of alcohol.
[Pre-1991 Recodification Citation: 9-11-5-2.]
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.92; P.L.40-1994, SEC.4; P.L.84-2016, SEC.56.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-3. Application to Criminal Proceedings; Judicial Notice; Deferred Proceedings; Order to Complete Program

Sec. 3. (a) This section applies to a criminal proceeding in which the use or abuse of alcohol is a contributing factor or a material element of the offense.
(b) The court may take judicial notice of the fact that proper medical treatment is likely to decrease the defendant's tendency to engage in antisocial behavior.
(c) Before conviction, the court, with the consent of the defendant and the prosecuting attorney, may conditionally defer the proceedings described in subsection (a) for up to four (4) years. However, a prosecution may not be deferred under this section if:
(1) the offense involves death or serious bodily injury;
(2) other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant;
(3) the defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation; or
(4) the defendant fails to meet additional eligibility requirements imposed by the court.
(d) The court may order the defendant to satisfactorily complete the program established under section 2 of this chapter if the court makes a determination under subsection (b). The court may impose other appropriate conditions upon the defendant.
[Pre-1991 Recodification Citation: 9-11-5-3.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-4. Violation of Conditions; Resumption of Proceedings; Compliance With Conditions; Dismissal of Charges

Sec. 4. If a defendant violates a condition imposed by the court under section 3 of this chapter, the court may order criminal proceedings to be resumed. If a defendant fulfills the conditions set by the court under section 3 of this chapter, the court shall dismiss the charges against the defendant. However, if:
(1) the defendant was previously charged under IC 9-30-5; and
(2) the previous charges were dismissed under this section;
the individual is not eligible to have subsequent charges under IC 9-30-5 dismissed under this chapter.
[Pre-1991 Recodification Citation: 9-11-5-4.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-5. Conditionally Deferred Charges; Suspension of Driving Privileges; Ignition Interlock Device

Sec. 5. (a) If the court enters an order conditionally deferring charges under section 3 of this chapter, the court may do the following:
(1) Suspend the person's driving privileges for at least two (2) years but not more than four (4) years.
(2) Impose other appropriate conditions, including the payment of fees imposed under section 8 of this chapter.
(b) Notwithstanding IC 9-30-6-9, the defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least one (1) year.
(c) The court may, as an alternative to a license suspension under subsection (a)(1), issue an order prohibiting the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. An order requiring an ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years.
[Pre-1991 Recodification Citation: 9-11-5-5.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-6. Probation; Referral of Defendant to Program

Sec. 6. If the defendant is convicted in a proceeding described in section 3(a) of this chapter and the court places the defendant on probation, the court may refer the defendant to the alcohol abuse deterrent program if the court makes a determination under section 3(b) of this chapter.
[Pre-1991 Recodification Citation: 9-11-5-6.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-7. Referral of Defendant to Program; Suspension of Driving Privileges; Ignition Interlock Device

Sec. 7. (a) If the court refers a defendant to the program under section 6 of this chapter, the court may do the following:
(1) Suspend the defendant's driving privileges for at least ninety (90) days but not more than four (4) years.
(2) Impose other appropriate conditions.
(b) The defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least thirty (30) days under IC 9-30-6-9.
(c) The court may, as an alternative to a license suspension under subsection (a)(1), issue an order prohibiting the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. An order requiring an ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years.
[Pre-1991 Recodification Citation: 9-11-5-7.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.19.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-7.5. Offenses; Operating Motor Vehicle Without Ignition Interlock Device

Sec. 7.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under section 5(c) or 7(c) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified ignition interlock device; and
(2) knows the person is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under section 5(c) or 7(c) of this chapter.
As added by P.L.76-2004, SEC.20. Amended by P.L.2-2005, SEC.42.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-8. Program Fee; Medical Fee; Indigent Defendant

Sec. 8. (a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the court determines that the defendant is indigent.
(b) An alcohol abuse deterrent program fee ordered under this section may not exceed four hundred dollars ($400).
(c) A medical fee ordered under this section may not exceed one hundred fifty dollars ($150).
[Pre-1991 Recodification Citation: 9-11-5-8.]
As added by P.L.2-1991, SEC.18. Amended by P.L.113-2001, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-9. County Alcohol Abuse Deterrent Fund

Sec. 9. The county auditor shall establish a county alcohol abuse deterrent fund after a program is established under section 2 of this chapter.
[Pre-1991 Recodification Citation: 9-11-5-9.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-10. Court Duties

Sec. 10. The court:
(1) shall administer the program established under section 2 of this chapter;
(2) shall submit claims under IC 33-37-8-6 for the disbursement of funds; and
(3) may enter into contracts with individuals, firms, and corporations to provide the treatment described by section 2 of this chapter.
[Pre-1991 Recodification Citation: 9-11-5-10.]
As added by P.L.2-1991, SEC.18. Amended by P.L.98-2004, SEC.79; P.L.84-2016, SEC.57.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs › 9-30-9-11. Repealed

[Pre-1991 Recodification Citation: 9-11-5-11.]
As added by P.L.2-1991, SEC.18. Repealed by P.L.137-1995, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-0.3. p.l.107-1985 Does Not Affect Rights, Liabilities, Penalties, Proceedings; Enforcement Under Prior Law; Effect on Suspension of Driving Privileges; Imposition and Enforcement of Probation

Sec. 0.3. (a) Except for the provisions pertaining to the granting of probation in IC 9-4-13-10 (before its repeal), the repeal of IC 9-4-13 by P.L.107-1985 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before April 1, 1984. Such rights, liabilities, and proceedings are continued, and punishments, penalties, or forfeitures shall be imposed and enforced under IC 9-4-13 as if P.L.107-1985 had not been enacted.
(b) All crimes committed before April 1, 1984, under IC 9-4-13 shall be prosecuted and, except for the provisions pertaining to the granting of probation in IC 9-4-13-10, shall remain punishable under IC 9-4-13 as if P.L.107-1985 had not been enacted.
(c) Notwithstanding subsections (a) and (b), any period of suspension of a person's driving privileges that is imposed under IC 9-12 (as added by P.L.107-1985, before its repeal, now codified in this chapter) shall be construed to supersede any period of suspension that is imposed under IC 9-4-13 and shall not be added to that period.
(d) Any probation originally imposed under IC 9-4-13 before April 1, 1984, shall be imposed and enforced under the provisions of IC 9-12 (as added by P.L.107-1985, before its repeal, now codified in this chapter).
As added by P.L.220-2011, SEC.232.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-1. "Judgment"

Sec. 1. As used in this chapter, "judgment" means:
(1) a judgment of conviction against the defendant in a felony or misdemeanor case; or
(2) a civil judgment against the defendant in an infraction or ordinance proceeding.
[Pre-1991 Recodification Citation: 9-12-1-5 part.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-2. "License"

Sec. 2. As used in this chapter, "license" includes any type of license or permit issued by the bureau to operate the type of vehicle being driven.
[Pre-1991 Recodification Citation: 9-12-1-6 part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012, SEC.348.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-3. "Violation"

Sec. 3. As used in this chapter, "violation" means:
(1) a felony, a misdemeanor, or an infraction under the Indiana Code; or
(2) a violation of an ordinance of an Indiana political subdivision.
[Pre-1991 Recodification Citation: 9-12-1-7.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-5. Notice of Suspension; Term; Relief for Judicial Review

Sec. 5. (a) If it appears from the records maintained by the bureau that a person's driving record makes the person a habitual violator under section 4 of this chapter and a court has not already found the person to be a habitual violator under section 6.5 of this chapter based on the same underlying violations, the bureau shall mail a notice to the person's last known address that informs the person that the person's driving privileges will be suspended in thirty (30) days because the person is a habitual violator according to the records of the bureau.
(b) Thirty (30) days after the bureau has mailed a notice under this section, the bureau shall suspend the person's driving privileges for:
(1) except as provided in subdivision (2), ten (10) years if the person is a habitual violator under section 4(a) of this chapter;
(2) life if the person is a habitual violator under section 4(a) of this chapter and has at least two (2) violations under section 4(a)(4) through 4(a)(7) of this chapter;
(3) ten (10) years if the person is a habitual violator under section 4(b) of this chapter; or
(4) five (5) years if the person is a habitual violator under section 4(c) of this chapter.
(c) The notice must inform the person that the person may be entitled to relief under IC 9-33-2.
(d) Notwithstanding subsection (b), if the bureau does not discover that a person's driving record makes the person a habitual violator under section 4 of this chapter for more than two (2) years after the bureau receives the person's final qualifying conviction, the bureau shall not suspend the person's driving privileges for any period.
[Pre-1991 Recodification Citation: 9-12-2-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.82-2004, SEC.3; P.L.85-2013, SEC.101; P.L.217-2014, SEC.134; P.L.149-2015, SEC.106; P.L.188-2015, SEC.114.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-6. Repealed

[Pre-1991 Recodification Citation: 9-12-2-2.]
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012, SEC.350. Repealed by P.L.149-2015, SEC.107.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-6.5. Court Finding of Habitual Traffic Violator

Sec. 6.5. (a) If the defendant requests, a court may find by a preponderance of the evidence that the person is a habitual traffic violator under IC 9-30-10-4. If the court finds a person to be a habitual traffic violator under this section, the court:
(1) shall order:
(A) that the person is a habitual traffic violator; and
(B) the bureau to suspend the person's driving license; and
(2) may order that the person is eligible for specialized driving privileges under IC 9-30-16.
(b) A defendant may file a petition in an independent proceeding to be found a habitual traffic violator following the procedure in subsection (a).
(c) A petition filed under this section must be filed in the court that entered the latest moving violation judgment against the person. The petition must use the same cause number as in the action in which the moving violation judgment was entered.
(d) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section.
(e) A filing fee shall not be imposed for a petition filed under this section.
As added by P.L.217-2014, SEC.135. Amended by P.L.188-2015, SEC.115.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-7. Repealed

[Pre-1991 Recodification Citation: 9-12-2-3.]
As added by P.L.2-1991, SEC.18. Amended by P.L.106-2010, SEC.3. Repealed by P.L.149-2015, SEC.108.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-8. Repealed

[Pre-1991 Recodification Citation: 9-12-2-4.]
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012, SEC.351; P.L.217-2014, SEC.136. Repealed by P.L.149-2015, SEC.109.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-9. Repealed

[Pre-1991 Recodification Citation: 9-12-2-5.]
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.93; P.L.40-1994, SEC.5; P.L.101-1997, SEC.1; P.L.33-1997, SEC.14; P.L.1-1999, SEC.32; P.L.10-2000, SEC.2; P.L.215-2001, SEC.18; P.L.175-2001, SEC.13; P.L.219-2003, SEC.9; P.L.28-2010, SEC.6; P.L.109-2011, SEC.37; P.L.125-2012, SEC.352; P.L.85-2013, SEC.102. Repealed by P.L.217-2014, SEC.137.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-10. Repealed

[Pre-1991 Recodification Citation: 9-12-2-6.]
As added by P.L.2-1991, SEC.18. Repealed by P.L.125-2012, SEC.353.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-11. Repealed

[Pre-1991 Recodification Citation: 9-12-2-7.]
As added by P.L.2-1991, SEC.18. Repealed by P.L.217-2014, SEC.138.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-12. Repealed

[Pre-1991 Recodification Citation: 9-12-2-8.]
As added by P.L.2-1991, SEC.18. Amended by P.L.125-2012, SEC.354. Repealed by P.L.217-2014, SEC.139.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-13. Repealed

[Pre-1991 Recodification Citation: 9-12-2-9.]
As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.7; P.L.109-2011, SEC.38; P.L.6-2012, SEC.72; P.L.125-2012, SEC.355; P.L.85-2013, SEC.103. Repealed by P.L.217-2014, SEC.140.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-14. Repealed

[Pre-1991 Recodification Citation: 9-12-2-10.]
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.2; P.L.125-2012, SEC.356; P.L.85-2013, SEC.104. Repealed by P.L.217-2014, SEC.141.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-15. Repealed

[Pre-1991 Recodification Citation: 9-12-2-11.]
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.3; P.L.28-2010, SEC.8; P.L.125-2012, SEC.357; P.L.85-2013, SEC.105. Repealed by P.L.217-2014, SEC.142.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-16. Operating a Motor Vehicle While Privileges Are Suspended; Level 6 Felony

Sec. 16. (a) A person who operates a motor vehicle:
(1) while the person's driving privileges are validly suspended under this chapter or IC 9-12-2 (repealed July 1, 1991) and the person knows that the person's driving privileges are suspended; or
(2) in violation of restrictions imposed under this chapter or IC 9-12-2 (repealed July 1, 1991) and who knows of the existence of the restrictions;
commits a Level 6 felony.
(b) Service by the bureau of notice of the suspension or restriction of a person's driving privileges under subsection (a)(1) or (a)(2):
(1) in compliance with section 5 of this chapter; and
(2) by first class mail to the person at the last address shown for the person in the bureau's records;
establishes a rebuttable presumption that the person knows that the person's driving privileges are suspended or restricted.
[Pre-1991 Recodification Citation: 9-12-3-1.]
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1993, SEC.62; P.L.1-1994, SEC.41; P.L.120-2000, SEC.2; P.L.1-2001, SEC.9; P.L.158-2013, SEC.162; P.L.188-2015, SEC.117.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-17. Operating Motor Vehicle While Privileges Are Forfeited for Life; Habitual Traffic Violator Who Causes Bodily Injury or Death; Penalties

Sec. 17. (a) A person who:
(1) operates a motor vehicle after the person's driving privileges are forfeited for life under section 16 of this chapter, IC 9-4-13-14 (repealed April 1, 1984), or IC 9-12-3-1 (repealed July 1, 1991); or
(2) is a habitual traffic violator under this chapter and commits an offense involving the person's operation of a motor vehicle, which offense causes serious bodily injury, catastrophic injury, or death;
commits a Level 5 felony.
(b) In addition to any criminal penalties imposed for a conviction of an offense described in subsection (a), if the new offense caused catastrophic injury or death, the bureau shall suspend the person's driving privileges for the life of the person.
(c) A person who violates subsection (a)(2) commits a separate offense for each person whose bodily injury or death is caused by the violation of subsection (a)(2).
(d) A court may order terms of imprisonment imposed on a person convicted of more than one (1) offense described in subsection (a)(2) to run consecutively. Consecutive terms of imprisonment imposed under this subsection are not subject to the sentencing restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).
[Pre-1991 Recodification Citation: 9-12-3-2.]
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1993, SEC.63; P.L.85-2013, SEC.106; P.L.158-2013, SEC.163; P.L.217-2014, SEC.143; P.L.184-2019, SEC.7.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-17.5. Repealed

As added by P.L.28-2010, SEC.9. Amended by P.L.125-2012, SEC.358. Repealed by P.L.217-2014, SEC.144.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-18. Defenses; Extreme Emergency; Burden of Proof

Sec. 18. (a) In a criminal action brought under section 16 or 17 of this chapter, it is a defense that the operation of a motor vehicle was necessary to save life or limb in an extreme emergency. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense.
(b) In an action brought under section 16 or 17 of this chapter, it is a defense that the defendant was operating a motor driven cycle, unless the defendant was operating the motor driven cycle in violation of IC 9-21-11-12. The defendant must bear the burden of proof by a preponderance of the evidence to establish this defense.
[Pre-1991 Recodification Citation: 9-12-3-3.]
As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.10; P.L.217-2014, SEC.145; P.L.221-2014, SEC.84; P.L.216-2014, SEC.156; P.L.111-2021, SEC.89.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 10. Habitual Violator of Traffic Laws › 9-30-10-19. Eligibility for Specialized Driving Privileges

Sec. 19. (a) This section does not apply to a suspension or forfeiture of driving privileges imposed under section 5(b)(2) or 17(b) of this chapter for an offense committed after June 30, 2015.
(b) A person whose driving privileges are suspended or forfeited for a determined period or for life under this chapter is eligible for specialized driving privileges under IC 9-30-16.
As added by P.L.188-2015, SEC.118.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 11. Parking Tickets › 9-30-11-1. Judgment

Sec. 1. As used in this chapter, "judgment" means a monetary penalty assessed for the violation of an ordinance that regulates parking violations.
[Pre-1991 Recodification Citation: 9-1-12-1 part.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 11. Parking Tickets › 9-30-11-2. Infraction Involving Rented or Leased Vehicle; Inapplication of Registration Suspension Procedure

Sec. 2. The motor vehicle registration suspension procedure under this chapter does not apply to a judgment imposed for an infraction or ordinance violation involving a motor vehicle that was, at the time of the infraction or ordinance violation, the subject of a written agreement for the rental or lease of the motor vehicle for a period not greater than sixty (60) days.
[Pre-1991 Recodification Citation: 9-1-12-7.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 11. Parking Tickets › 9-30-11-3. Notification of Failure to Pay Judgments

Sec. 3. If it appears from the records of a court that has jurisdiction to enforce ordinances that regulate parking violations that three (3) judgments concerning a motor vehicle have not been paid before the deadlines established by a statute, an ordinance, or a court order, the clerk of the court shall send a notice to the person who is the registered owner of the motor vehicle. The notice must inform the person of the following:
(1) That the clerk will send a referral to the bureau if the judgments are not paid within thirty (30) days after a notice was mailed.
(2) That the referral will result in the suspension of the motor vehicle's registration if the judgments are not paid.
[Pre-1991 Recodification Citation: 9-1-12-2.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 11. Parking Tickets › 9-30-11-4. Referral to Bureau Regarding Unpaid Judgments; Contents

Sec. 4. A clerk may send a referral to the bureau if the judgments are not paid not later than thirty (30) days after a notice was mailed. The referral must include the following:
(1) Any information known or available to the clerk concerning the following of the motor vehicle:
(A) The license plate number and year of registration.
(B) The name of the owner.
(2) The date on which each of the violations occurred.
(3) The law enforcement agencies responsible for the parking citations.
(4) The date when the notice required under section 3 of this chapter was mailed.
(5) The seal of the clerk.
[Pre-1991 Recodification Citation: 9-1-12-3.]
As added by P.L.2-1991, SEC.18.
2023 Indiana Code › Title 9. Motor Vehicles › Article 30. General Penalty Provisions › Chapter 11. Parking Tickets › 9-30-11-5. Suspension of Registration Upon Receipt of Referral

Sec. 5. If the bureau receives a referral under section 4 of this chapter, the bureau shall suspend the registration of the motor vehicle and mail a notice to the person in whose name the vehicle is registered that does the following:
(1) Informs the person that the motor vehicle's registration has been suspended and the reason for the suspension.
(2) Informs the person that if the judgments are not paid within fifteen (15) days, the motor vehicle's license plates will be removed by a law enforcement officer.
(3) Explains what the person is required to do to have the registration reinstated.
[Pre-1991 Recodification Citation: 9-1-12-4.]
As added by P.L.2-1991, SEC.18.