2014 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 30. GENERAL PENALTY PROVISIONS CHAPTER 16. DRIVER'S LICENSE SUSPENSION PENALTIES
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IC 9-30-16
Chapter 16. Driver's License Suspension Penalties
Effective 1-1-2015.
IC 9-30-16-1
Applicability; suspension of driving privileges
Effective 1-1-2015.
Sec. 1. (a) Except as provided in subsection (b), the following are
ineligible for a specialized driving permit under this chapter:
(1) A person who has never had a valid Indiana driver's license.
(2) A person who holds a commercial driver's license.
(3) A person who has refused to submit to a chemical test
offered under IC 9-30-6.
(b) In addition to applying to a person who held an operator's, a
public passenger chauffeur's, or a chauffeur's license at the time of
the criminal conviction for which the operation of a motor vehicle is
an element of the offense, this chapter applies to an individual who:
(1) held a commercial driver's license at the time the individual
committed an offense for which the operation of a motor
vehicle was an element of the offense;
(2) no longer holds a commercial driver's license; and
(3) subsequently was issued an operator's license, chauffeur's
license, or public passenger chauffeur's license.
(c) Except as specifically provided in this chapter, for any
criminal conviction in which the operation of a motor vehicle is an
element of the offense, a court may suspend the person's driving
privileges for a period up to the maximum allowable period of
incarceration under the penalty for the offense.
(d) A suspension of driving privileges under this chapter may
begin before the conviction. Multiple suspensions of driving
privileges ordered by a court that are part of the same episode of
criminal conduct shall be served concurrently.
(e) If a person has had an ignition interlock device installed as a
condition of specialized driving privileges, the period of the
installation shall be credited as part of the suspension of driving
privileges.
As added by P.L.217-2014, SEC.154.
IC 9-30-16-2
Offenses involving serious bodily injury of another person and
operation of a motor vehicle; offenses involving death of another
person and operation of a motor vehicle; suspension of driving
privileges
Effective 1-1-2015.
Sec. 2. (a) If a person is convicted of an offense that includes the
element of causing serious bodily injury of another person and the
offense involved the operation of a motor vehicle, the court shall
order that the person's driving privileges are suspended for a period
of at least one (1) year and not more than the maximum allowable
period of incarceration of the criminal penalty for the offense. A
person whose driving privileges are suspended under this section is
eligible for specialized driving privileges under section 3 of this
chapter.
(b) If a person is convicted of an offense that includes the element
of causing the death of another person and the offense involved the
operation of a motor vehicle, the court shall order that the person's
driving privileges are suspended for a period of at least two (2) years
and not more than the maximum allowable period of incarceration of
the criminal penalty for the offense. A person whose driving
privileges are suspended under this section is not eligible for
specialized driving privileges under section 3 of this chapter.
As added by P.L.217-2014, SEC.154.
IC 9-30-16-3
Stay of suspension; specialized driving privileges
Effective 1-1-2015.
Sec. 3. (a) A court imposing a suspension of driving privileges
under this chapter may stay the suspension and grant a specialized
driving privilege as set forth in this section.
(b) Regardless of the underlying offense, specialized driving
privileges granted under this section shall be granted for at least one
hundred eighty (180) days.
(c) Specialized driving privileges must be determined by a court
and may include, but are not limited to:
(1) requiring the use of ignition interlock devices; and
(2) restricting a person to being allowed to operate a motor
vehicle:
(A) during certain hours of the day; or
(B) between specific locations and the person's residence.
(d) A stay of a conviction and specialized driving privileges may
not be granted to a person who has previously been granted
specialized driving privileges and the person has more than one (1)
conviction under section 5 of this chapter.
(e) A person who has been granted specialized driving privileges
shall:
(1) maintain proof of future financial responsibility insurance
during the period of specialized driving privileges;
(2) carry a copy of the order granting specialized driving
privileges or have the order in the vehicle being operated by the
person; and
(3) produce the copy of the order granting specialized driving
privileges upon the request of a police officer.
As added by P.L.217-2014, SEC.154.
IC 9-30-16-4
Petition for specialized driving privileges
Effective 1-1-2015.
Sec. 4. (a) A person whose driving privileges have been
suspended by the bureau may petition a court for specialized driving
privileges.
(b) A petition filed under this section must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, and address;
(3) state the grounds for relief and the relief sought;
(4) be filed in the county in which the petitioner resides;
(5) be filed in a circuit or superior court; and
(6) be served on the bureau and the prosecuting attorney.
(c) A prosecuting attorney may appear on behalf of the bureau to
respond to a petition filed under this section.
As added by P.L.217-2014, SEC.154.
IC 9-30-16-5
Violation of condition; modification or revocation of specialized
driving privileges
Effective 1-1-2015.
Sec. 5. (a) A person who knowingly or intentionally violates a
condition imposed by a court under section 2 of this chapter commits
a Class C misdemeanor.
(b) For a person convicted of an offense under subsection (a), the
court may modify or revoke specialized driving privileges. The court
may order the bureau to lift the stay of a suspension of driving
privileges and suspend the person's driving license as originally
ordered.
As added by P.L.217-2014, SEC.154.
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