CHAPTER 18. GENERAL PENALTY PROVISIONS
IC 9-24-18
Chapter 18. General Penalty Provisions
IC 9-24-18-1
Driving without a license
Sec. 1. (a) A person, except a person exempted under IC 9-24-1-7,who knowingly or intentionally operates a motor vehicle upon ahighway and has never received a valid driving license commits aClass C misdemeanor. However, the offense is a Class Amisdemeanor if the person has a prior unrelated conviction under thissection.
(b) In addition to any other penalty imposed for a convictionunder this section, the court shall recommend that the person beprohibited from receiving a valid driving license for a fixed periodof at least ninety (90) days and not more than two (2) years.
(c) The court shall specify:
(1) the length of the fixed period of the prohibition; and
(2) the date the fixed period of the prohibition begins;
whenever the court makes a recommendation under subsection (b).
(d) The bureau shall, upon receiving a record of conviction of aperson upon a charge of operating a motor vehicle while neverhaving received a valid driving license, prohibit the person fromreceiving a driving license for a fixed period of at least ninety (90)days and not more than two (2) years. The bureau shall fix thisperiod in accordance with the recommendation of the court thatentered the conviction, as provided in subsection (c).
(e) In a prosecution under this section, the burden is on thedefendant to prove by a preponderance of the evidence that thedefendant had been issued a driving license or permit that was validat the time of the alleged offense.
As added by P.L.2-1991, SEC.12. Amended by P.L.100-2010, SEC.3.
IC 9-24-18-2
Misuse of licenses and permits; use of false information;inauthentic licenses and permits
Sec. 2. (a) A person may not do any of the following:
(1) Display, cause or permit to be displayed, or have inpossession a license or permit issued under this article knowingthat the license or permit is fictitious or has been canceled,revoked, suspended, or altered.
(2) Lend to a person or knowingly permit the use by a personnot entitled to use a license or permit a license or permit issuedunder this article.
(3) Display or represent as the person's license or permit issuedunder this article a license or permit not issued to the person.
(4) Fail or refuse to surrender, upon demand of the properofficial, a license or permit issued under this article that hasbeen suspended, canceled, or revoked as provided by law.
(5) Knowingly sell, offer to sell, buy, possess, or offer asgenuine, a license or permit required by this article to be issued
by the bureau that has not been issued by the bureau under thisarticle or by the appropriate authority of any other state.
A person who knowingly or intentionally violates this subsectioncommits a Class C misdemeanor.
(b) A person who:
(1) knowingly or intentionally uses a false or fictitious name orgives a false or fictitious address in an application:
(A) for a license or permit issued under this article; or
(B) for a renewal or duplicate of a license or permit issuedunder this article; or
(2) knowingly or intentionally makes a false statement orconceals a material fact or otherwise commits a fraud in anapplication for a license or permit issued under this article;
commits application fraud, a Class D felony.
As added by P.L.2-1991, SEC.12. Amended by P.L.106-2006, SEC.2.
IC 9-24-18-3
Permitting unlicensed person to drive
Sec. 3. (a) A person that has a motor vehicle in the person'scustody may not cause or knowingly permit a person to drive thevehicle upon a highway unless the person obtains a license or permitunder this article.
(b) A person who violates this section commits a Class Cinfraction.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-4
Permitting unlawful use of vehicle
Sec. 4. (a) A person may not authorize or knowingly permit amotor vehicle owned by the person or under the person's control tobe driven by a person who does not have a legal right to do so or inviolation of this title.
(b) A person who violates this section commits a Class Cinfraction.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-5
Repealed
(Repealed by P.L.32-2000, SEC.27.)
IC 9-24-18-6
Required licenses; enforcement proceedings; burden of proof
Sec. 6. In a proceeding to enforce IC 9-24-1 requiring the operatorof a vehicle to have a certain type of license, the burden is on thedefendant to prove by a preponderance of the evidence that thedefendant had been issued the applicable license or permit and thatthe license was valid at the time of the alleged offense.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-7 Counterfeiting of licenses
Sec. 7. A person who counterfeits or falsely reproduces a drivinglicense with intent to use the license or to permit another person touse the license commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-8
Alcohol offenses
Sec. 8. (a) The bureau shall suspend for a mandatory period of atleast ninety (90) days the current driving license or permit of aperson who:
(1) uses or has possession of a driving license or permit ofanother person with the intent to violate or evade or to attemptto violate or evade any provision of law relating to the sale,purchase, use, or possession of alcoholic beverages; or
(2) is convicted of the offenses listed in IC 7.1-5-7-1(b) orIC 7.1-5-7-10.
(b) The mandatory suspension provided by this section is inaddition to all other sanctions provided by section 7 of this chapterand IC 9-30-4-9.
As added by P.L.2-1991, SEC.12. Amended by P.L.1-1993, SEC.59.
IC 9-24-18-9
Driving records; unlicensed persons
Sec. 9. (a) The bureau may establish a driving record for anIndiana resident who does not hold any type of valid driving license.The driving record shall be established for an unlicensed driver whenan abstract of court conviction has been received by the bureau. Therecord shall be maintained for not less than three (3) years for eachunlicensed driver.
(b) If an unlicensed driver applies for and receives any type ofdriving license in Indiana, the person's driving record as anunlicensed driver shall be recorded on the permanent record file. Anunlicensed driver who has had at least two (2) traffic violationconvictions in Indiana within twenty-four (24) months beforeapplying for any type of driving license may not be issued a licensewithin one (1) year after the date of the second traffic conviction asindicated on the abstract of court conviction record. If the bureauissues a license without knowledge of the second conviction, thebureau shall suspend the license upon learning of the secondconviction and notify the person of the reason for the suspension andthe term of the suspension.
(c) The bureau shall also certify traffic violation convictions onthe driving record of an unlicensed driver who subsequently receivesan Indiana driving license.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-10
Interstate compacts and agreements; offenses subject to IC 9-28
Sec. 10. The following are subject to IC 9-28: (1) A:
(A) conviction for a crime; or
(B) judgment for an offense or ordinance violation;
under this article related to the use or operation of a motorvehicle.
(2) The issuance of a citation (as defined in IC 9-28-2-1) underthis article.
As added by P.L.2-1991, SEC.12.
IC 9-24-18-11
Reproduction of driver's license
Sec. 11. (a) The commissioner may enter into a contract or anagreement authorizing a person to create and use a reproduction ofa driver's license issued under this article.
(b) A person may not create or use a reproduction of a driver'slicense issued under this article unless the creation or use of thereproduction is expressly authorized in writing by the commissioner.The commissioner may impose under IC 4-21.5 a civil penalty upona person who violates this subsection. The amount of a civil penaltyimposed under this subsection:
(1) shall be determined by the commissioner; and
(2) may not exceed ten thousand dollars ($10,000).
(c) Money paid to the bureau as:
(1) compensation to the state under a contract or an agreemententered into under subsection (a); or
(2) a civil penalty imposed under subsection (b);
shall be collected and deposited according to IC 9-29-1-1.
As added by P.L.115-1993, SEC.8.
IC 9-24-18-12
Suspension of minor's driver's license for alcohol offense
Sec. 12. Upon receipt of a court order under IC 7.1-5-7-7 (minorpossessing, consuming, or transporting alcohol or having alcoholpresent in a bodily substance), the bureau shall suspend the minor'sdriver's license for the period ordered by the court.
As added by P.L.53-1994, SEC.2. Amended by P.L.33-1997, SEC.6.