CHAPTER 10. HABITUAL VIOLATOR OF TRAFFIC LAWS
IC 9-30-10
Chapter 10. Habitual Violator of Traffic Laws
IC 9-30-10-1
"Judgment"
Sec. 1. As used in this chapter, "judgment" means:
(1) a judgment of conviction against the defendant in a felonyor misdemeanor case; or
(2) a civil judgment against the defendant in an infraction orordinance proceeding.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-2
"License"
Sec. 2. As used in this chapter, "license" includes any type oflicense or permit to operate a motor vehicle issued by the bureau.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-3
"Violation"
Sec. 3. As used in this chapter, "violation" means:
(1) a felony, a misdemeanor, or an infraction under the IndianaCode; or
(2) a violation of an ordinance of an Indiana politicalsubdivision.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-4
Habitual violators
Sec. 4. (a) A person who has accumulated at least two (2)judgments within a ten (10) year period for any of the followingviolations, singularly or in combination, not arising out of the sameincident, and with at least one (1) violation occurring after March 31,1984, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motorvehicle.
(2) Voluntary or involuntary manslaughter resulting from theoperation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in anaccident resulting in death or injury to any person to stop at thescene of the accident and give the required information andassistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at leastten-hundredths percent (0.10%) alcohol in the blood resultingin death.
(6) After June 30, 1997, and before July 1, 2001, operation ofa vehicle with an alcohol concentration equivalent to at leastten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or (B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcoholconcentration equivalent to at least eight-hundredths (0.08)gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgmentswithin a ten (10) year period for any of the following violations,singularly or in combination, not arising out of the same incident,and with at least one (1) violation occurring after March 31, 1984, isa habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at leastten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation ofa vehicle with an alcohol concentration equivalent to at leastten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcoholconcentration equivalent to at least eight-hundredths (0.08)gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to doso has been suspended or revoked as a result of the person'sconviction of an offense under IC 9-1-4-52 (repealed July 1,1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-3,or IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained alicense to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motorvehicle.
(9) Drag racing or engaging in a speed contest in violation oflaw.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, orIC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or anyfelony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall beadded to the violations described in this subsection for the purposesof this subsection.
(c) A person who has accumulated at least ten (10) judgmentswithin a ten (10) year period for any traffic violation, except aparking or an equipment violation, of the type required to be reported
to the bureau, singularly or in combination, not arising out of thesame incident, and with at least one (1) violation occurring afterMarch 31, 1984, is a habitual violator. However, at least one (1) ofthe judgments must be for a violation enumerated in subsection (a)or (b). A judgment for a violation enumerated in subsection (a) or (b)shall be added to the judgments described in this subsection for thepurposes of this subsection.
(d) For purposes of this section, a judgment includes a judgmentin any other jurisdiction in which the elements of the offense forwhich the conviction was entered are substantially similar to theelements of the offenses described in subsections (a) and (b).
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.62;P.L.1-1993, SEC.61; P.L.33-1997, SEC.13; P.L.1-2000, SEC.13;P.L.32-2000, SEC.3; P.L.175-2001, SEC.12; P.L.28-2010, SEC.5.
IC 9-30-10-5
Notice of suspension; term; relief for judicial review
Sec. 5. (a) If it appears from the records maintained in the bureauthat a person's driving record makes the person a habitual violatorunder section 4 of this chapter, the bureau shall mail a notice to theperson's last known address that informs the person that the person'sdriving privileges will be suspended in thirty (30) days because theperson is a habitual violator according to the records of the bureau.
(b) Thirty (30) days after the bureau has mailed a notice under thissection, the bureau shall suspend the person's driving privileges for:
(1) except as provided in subdivision (2), ten (10) years if theperson is a habitual violator under section 4(a) of this chapter;
(2) life if the person is a habitual violator under section 4(a) ofthis chapter and has at least two (2) violations under section4(a)(4) through 4(a)(7) of this chapter;
(3) ten (10) years if the person is a habitual violator undersection 4(b) of this chapter; or
(4) five (5) years if the person is a habitual violator undersection 4(c) of this chapter.
(c) The notice must inform the person that the person may beentitled to relief under section 6 of this chapter or may seek judicialreview of the person's suspension under this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.82-2004, SEC.3.
IC 9-30-10-6
Notification of material error in record; determination of error;effect; judicial review
Sec. 6. (a) A person who has received a notice under section 5 ofthis chapter may notify the bureau, in writing on forms provided bythe bureau, that the bureau's records contain a material error withrespect to the person's driving record. If a person so notifies thebureau, the bureau shall, within thirty (30) days after the date thenotice was received by the bureau, determine whether a materialerror was made with respect to the person's driving record.
(b) If the bureau determines that a material error was made with
respect to the person's driving record, the bureau shall:
(1) prevent the suspension of; or
(2) reinstate;
the person's driving privileges.
(c) The bureau shall notify the prosecuting attorney of the countywhere the record originated that the bureau has determined that amaterial error exists. The prosecuting attorney is entitled to respondto the bureau's determination.
(d) An action taken or a determination made by the bureau underthis chapter is not subject to IC 4-21.5. However, the person may filea petition for judicial review under this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-7
Petition for judicial review; summons; burden of proof; rules ofprocedure; county prosecuting attorney to represent state; costs
Sec. 7. (a) A petition for judicial review under this chapter must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence,and driver's license identification number;
(3) state the grounds for relief and the relief sought;
(4) be filed in the county in which the petitioner resides; and
(5) be filed in a circuit, superior, county, or municipal court.
(b) A summons in an action under this chapter shall be issued andserved in the manner provided for civil actions. The prosecutingattorney of the county in which the petition is filed and the bureaushall be served with the summons and a copy of the petition.
(c) In an action under this chapter, the petitioner must bear theburden of proof by a preponderance of the evidence to prevail.
(d) IC 9-30-3-15 and the rules of trial procedure apply in aproceeding under this chapter. However, a responsive pleading is notrequired when a petition for review has been filed, and a person isnot entitled to a change of venue from the county.
(e) The prosecuting attorney of the county in which the petitionis filed shall represent the state in relation with the bureau.
(f) Court costs (including fees) shall be assessed and paid by thepetitioner at the time of filing in an amount equal to the costs(including fees) assessed in the enforcement of infractions. However,a petitioner who has the petitioner's driving privileges reinstatedunder section 8 of this chapter is entitled to a refund of all costs paid.
As added by P.L.2-1991, SEC.18. Amended by P.L.106-2010, SEC.3.
IC 9-30-10-8
Hearing; reinstatement; suspension
Sec. 8. (a) If a person files a petition for judicial review undersection 6 of this chapter, the court shall promptly hold a hearing. Thepetition must be filed and the hearing must be held in accordancewith section 7 of this chapter.
(b) If the court finds that the petitioner is not a habitual violator,the court shall order the bureau to reinstate the driving privileges of
the person.
(c) If the court finds that the petitioner is a habitual violator, theperson's driving privileges remain suspended, unless the court placesthe person on probation under section 9 of this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-9
Probation; findings, restrictions, and conditions
Sec. 9. (a) After June 30, 2005, this section does not apply to aperson who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation ofa motor vehicle in accordance with the federal Motor CarrierSafety Improvement Act of 1999 (MCSIA) (Public Law106-159.113 Stat. 1748).
(b) If a court finds that a person:
(1) is a habitual violator under section 4(c) of this chapter;
(2) has not been previously placed on probation under thissection by a court;
(3) operates a vehicle for commercial or business purposes, andthe person's mileage for commercial or business purposes:
(A) is substantially in excess of the mileage of an averagedriver; and
(B) may have been a factor that contributed to the person'spoor driving record; and
(4) does not have:
(A) a judgment for a violation enumerated in section 4(a) ofthis chapter; or
(B) at least three (3) judgments (singularly or in combinationand not arising out of the same incident) of the violationsenumerated in section 4(b) of this chapter;
the court may place the person on probation in accordance withsubsection (d).
(c) If a court finds that a person:
(1) is a habitual violator under section 4(b) of this chapter;
(2) has not been previously placed on probation under thissection by a court;
(3) does not have a judgment for any violation listed in section4(a) of this chapter;
(4) has had the person's driving privileges suspended under thischapter for at least five (5) consecutive years; and
(5) has not violated the terms of the person's suspension byoperating a vehicle;
the court may place the person on probation in accordance withsubsection (d). However, if the person has any judgments foroperation of a vehicle before July 1, 2001, while intoxicated or withan alcohol concentration equivalent to at least ten-hundredths (0.10)gram of alcohol per one hundred (100) milliliters of the blood or twohundred ten (210) liters of the breath, or for the operation of avehicle after June 30, 2001, while intoxicated or with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram ofalcohol per one hundred (100) milliliters of the blood or two hundredten (210) liters of the breath, the court, before the court places aperson on probation under subsection (d), must find that the personhas successfully fulfilled the requirements of a rehabilitationprogram certified by one (1) or both of the following:
(A) The division of mental health and addiction.
(B) The Indiana judicial center.
(d) Whenever a court places a habitual violator on probation, thecourt:
(1) shall record each of the court's findings under this section inwriting;
(2) shall obtain the person's driver's license or permit and sendthe license or permit to the bureau;
(3) shall direct the person to apply to the bureau for a restricteddriver's license;
(4) shall order the bureau to issue the person an appropriatelicense;
(5) shall place the person on probation for a fixed period of notless than three (3) years and not more than ten (10) years;
(6) shall attach restrictions to the person's driving privileges,including restrictions limiting the person's driving to:
(A) commercial or business purposes or other employmentrelated driving;
(B) specific purposes in exceptional circumstances;
(C) rehabilitation programs; and
(D) specified hours during which the person may drive;
(7) shall require the person to submit to reasonable monitoringrequirements;
(8) shall order the person to file proof of financial responsibilityfor three (3) years following the date of being placed onprobation; and
(9) shall impose other appropriate conditions of probation,which must include one (1) or more of the following conditionsif the person was determined to be a habitual violator underIC 9-30-10-4(a)(4) through IC 9-30-10-4(a)(7) orIC 9-30-10-4(b)(1) through IC 9-30-10-4(b)(4), and at least one(1) of the offenses occurred within five (5) years prior to thegranting of the probationary or restricted license:
(A) An order prohibiting the person from operating a motorvehicle or motorized bicycle with an alcohol concentrationequivalent to at least two-hundredths (0.02) gram of alcoholper:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while under the influence of any other intoxicatingsubstance.
(B) An order that the person submit to a method to monitorthe person's compliance with the prohibition againstoperating a motor vehicle or motorized bicycle with an
alcohol concentration equivalent to at least two-hundredths(0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) The court shall determine the appropriate monitoringmethod, which may include one (1) or more of thefollowing:
(i) The person may operate only a motor vehicle equippedwith an ignition interlock device.
(ii) The person must submit to a chemical test if a lawenforcement officer lawfully stops the person whileoperating a motor vehicle or motorized bicycle and the lawenforcement officer requests that the person submit to achemical test.
(iii) The person must wear a device that detects andrecords the person's use of alcohol.
(iv) The person must submit to any other reasonablemonitoring requirement as determined by the court.
(e) If a court finds that a person:
(1) is a habitual violator under section 4(b) or 4(c) of thischapter;
(2) does not have any judgments for violations under section4(a) of this chapter;
(3) does not have any judgments or convictions for violationsunder section 4(b) of this chapter, except for judgments orconvictions under section 4(b)(5) of this chapter that resultedfrom driving on a suspended license that was suspended for:
(A) the commission of infractions only; or
(B) previously driving on a suspended license;
(4) has not been previously placed on probation under thissection by a court; and
(5) has had the person's driving privileges suspended under thischapter for at least three (3) consecutive years and has notviolated the terms of the person's suspension by operating avehicle for at least three (3) consecutive years;
the court may place the person on probation under subsection (d).
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.
IC 9-30-10-10
Findings to constitute final judgment
Sec. 10. The court's findings under sections 8 and 9 of this chapterconstitute a final judgment from which either party may appeal. Anappeal does not act as a stay of the court's findings and orders.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-11 Petition for revocation of probation
Sec. 11. A petition for revocation of probation granted undersection 9 of this chapter must:
(1) be filed in the court that placed the person on probation;
(2) be filed by the prosecuting attorney for the county in whichthe court is located;
(3) state the alleged violation; and
(4) be served upon the probationer in the manner provided forthe service of summons in a civil action.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-12
Hearing; procedure; burden of proof; findings; final judgment
Sec. 12. (a) Upon the filing of a petition for revocation ofprobation, the court shall do the following:
(1) Set a date for a hearing upon the petition that is not earlierthan twenty (20) days nor later than forty-five (45) days fromthe date of the filing of the petition for review.
(2) Hold a hearing on the date set, unless the proceeding iscontinued by order of the court.
(3) Cause notice of the hearing date to be sent to all parties.
(b) At the hearing, the prosecuting attorney must bear the burdenof proof by a preponderance of the evidence to prevail.
(c) If the court finds that the person has violated any terms of theprobation, the court shall do the following:
(1) Record each of its findings in writing.
(2) Obtain the person's license.
(3) Order the bureau to suspend the person's driving privilegesfor a period equal to the period of suspension originallyimposed under section 5 of this chapter.
(4) Not place the person on probation under section 9 of thischapter.
(d) If the court finds that the person has not violated any of theterms of the person's probation, the court shall do the following:
(1) Record each of the court's findings in writing.
(2) Continue the person on probation for the remainder of theprobationary period.
(e) The court's findings under subsection (c) or (d) constitute afinal judgment from which either party may appeal. An appeal doesnot act as a stay of the court's findings and orders.
As added by P.L.2-1991, SEC.18.
IC 9-30-10-13
Habitual violator; restrictions on issuance; hardship license
Sec. 13. (a) The bureau may issue a license to operate a motorvehicle to a habitual violator whose driving privileges are suspendedunder section 5(b) of this chapter if the following conditions exist:
(1) The time specified for the person's probation or therestriction or suspension of the person's license has elapsed.
(2) The person has met all the requirements of all applicable
statutes and rules relating to the licensing of motor vehicleoperators.
(3) The person files with the bureau and maintains for three (3)years after filing proof of financial responsibility in accordancewith IC 9-25.
(4) The bureau places a restriction on the person's driver'slicense and driving record that indicates the person is prohibitedfrom operating a motor vehicle or motorized bicycle with analcohol concentration equivalent to at least two-hundredths(0.02) 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;
or while intoxicated (as defined under IC 9-13-2-86) for three(3) years after the bureau issues the driver's license to theperson.
(5) The person signs a bureau form by which the person agreesthat as a condition to obtaining the driver's license the personwill submit to a chemical test at any time during the periodthree (3) years after the bureau issues the driver's license to theperson if a law enforcement officer lawfully stops the personwhile operating a motor vehicle or motorized bicycle and thelaw enforcement officer requests that the person submit to achemical test.
(b) The bureau may issue a license to operate a motor vehicle toa habitual violator whose driving privileges have been suspended forlife if the following conditions exist:
(1) The bureau has received an order for rescission ofsuspension and reinstatement issued under section 15 of thischapter.
(2) The person to whom the license is to be issued has neverbeen convicted of a violation described in section 4(a) or 17 ofthis chapter.
(3) The person has not been convicted of an offense undersection 16 of this chapter more than one (1) time.
(4) The person has met all the requirements of all applicablestatutes and rules relating to the licensing of motor vehicleoperators.
(5) The person files with the bureau, and maintains for three (3)years after filing proof of financial responsibility in accordancewith IC 9-25.
(6) The bureau places a restriction on the person's driver'slicense and driving record that indicates the person is prohibitedfrom operating a motor vehicle or motorized bicycle with analcohol concentration equivalent to at least two-hundredths(0.02) 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;
or while intoxicated (as defined under IC 9-13-2-86) for three(3) years after the bureau issues the driver's license to theperson. (7) The person signs a bureau form by which the person agreesthat as a condition to obtaining the driver's license the personwill submit to a chemical test at any time during the periodthree (3) years after the bureau issues the driver's license to theperson if a law enforcement officer lawfully stops the personwhile operating a motor vehicle or motorized bicycle and thelaw enforcement officer requests that the person submit to achemical test.
(c) A habitual violator is not eligible for relief under the hardshipprovisions of IC 9-24-15.
As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.7.
IC 9-30-10-14
Rescission of order suspending driving privileges for life; petitionfor rescission and reinstatement
Sec. 14. (a) Except as provided in subsection (e), a person whosedriving privileges have been suspended for life may petition a courtin a civil action for a rescission of the suspension order andreinstatement of driving privileges if the following conditions exist:
(1) Ten (10) years have elapsed since the date on which anorder for the lifetime suspension of the person's drivingprivileges was issued.
(2) The person has never been convicted of a violationdescribed in section 4(a) of this chapter.
(3) The person has never been convicted of an offense undersection 17 of this chapter.
(4) The person has not been convicted of an offense undersection 16 of this chapter more than one (1) time.
(b) A petition for rescission and reinstatement under this sectionmust meet the following conditions:
(1) Be verified by the petitioner.
(2) State the petitioner's age, date of birth, and place ofresidence.
(3) Describe the circumstances leading up to the lifetimesuspension of the petitioner's driving privileges.
(4) Aver a substantial change in the petitioner's circumstancesof the following:
(A) That indicates the petitioner would no longer pose a riskto the safety of others if the petitioner's driving privileges arereinstated.
(B) That makes the lifetime suspension of the petitioner'sdriving privileges unreasonable.
(C) Indicates it is in the best interests of society for thepetitioner's driving privileges to be reinstated.
(5) Aver that the petitioner has never been convicted of anoffense under section 17 of this chapter.
(6) Aver that the petitioner has not been convicted of an offenseunder section 16 of this chapter more than one (1) time.
(7) Aver that the petitioner has never been convicted of aviolation described in section 4(a) of this chapter. (8) Be filed in a circuit or superior court having jurisdiction inthe county where the petitioner resides.
(9) If the petition is being filed under subsection (e), aver theexistence of the conditions listed in subsection (e)(1) through(e)(3).
(c) The petitioner shall serve the prosecuting attorney of thecounty where the petitioner resides and the bureau with a copy of thepetition described in subsection (b). A responsive pleading is notrequired.
(d) The prosecuting attorney of the county where the petitionerresides shall represent the state in the matter.
(e) A person whose driving privileges have been suspended forlife may petition a court in a civil action for a rescission of thesuspension order and reinstatement of driving privileges if all of thefollowing conditions exist:
(1) Three (3) years have elapsed since the date on which theorder for lifetime suspension of the petitioner's drivingprivileges was issued.
(2) The petitioner's lifetime suspension was the result of drivingon a suspended license that was suspended for commission ofinfractions only or for driving on a suspended license.
(3) The petitioner has never been convicted of a violationdescribed in section 4(a) or 4(b) of this chapter, with theexception of a judgement or conviction under section 4(b)(3) ofthis chapter.
(4) The petitioner has never been convicted of an offense undersection 17 of this chapter.
(5) The petitioner has not been convicted of an offense undersection 16 of this chapter more than one (1) time.
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.2.
IC 9-30-10-15
Rescission of order suspending driving privileges for life; hearingon petition; findings; order for reinstatement
Sec. 15. (a) Upon receiving a petition filed under section 14 ofthis chapter, a court shall set a date for hearing the matter and directthe clerk of the court to provide notice of the hearing date to thefollowing:
(1) The petitioner.
(2) The prosecuting attorney of the county where the petitionerresides.
(3) The bureau.
(b) A court may order the rescission of the order that required thesuspension of the petitioner's driving privileges for life and mayorder the bureau to reinstate the driving privileges of a petitionerwhose driving privileges have been suspended for life if, after thehearing of the matter, the court makes the following written findingsand conclusions, based on clear and convincing evidence:
(1) That the petitioner has never been convicted of a violationdescribed in section 4(a) of this chapter. (2) That the petitioner has never been convicted of an offenseunder section 17 of this chapter.
(3) That the petitioner has not been convicted of an offenseunder section 16 of this chapter more than one (1) time.
(4) If the person is petitioning the court under section 14(a) ofthis chapter that ten (10) years have elapsed since the date onwhich an order was issued that required the suspension of thepetitioner's driving privileges for life.
(5) That there has been a substantial change in the petitioner'scircumstances indicating the petitioner would no longer pose arisk to the safety of others if the petitioner's driving privilegeswere reinstated.
(6) That there has been a substantial change in the petitioner'scircumstances indicating that the suspension of the petitioner'sdriving privileges for life has become unreasonable.
(7) That it is in the best interests of society for the petitioner'sdriving privileges to be reinstated.
(8) If the person is petitioning the court under section 14(e) ofthis chapter:
(A) that three (3) years have elapsed since the date the orderwas issued that required the suspension of the petitioner'sdriving privileges for life; and
(B) that the conditions listed under section 14(e) of thischapter are satisfied.
(c) The petitioner has the burden of proof under this section andan order issued under subsection (b) is a final order, appealable byany party to the action.
(d) In an order for reinstatement of driving privileges issued underthis section, the court may require the bureau to issue to theprevailing petitioner:
(1) a license to operate a motor vehicle under section 13(b) ofthis chapter; or
(2) a restricted driving license for a time and subject toconditions specified by the court, which must include one (1) ormore of the following conditions if the person was determinedto be a habitual violator under IC 9-30-10-4(a)(4) throughIC 9-30-10-4(a)(7) or IC 9-30-10-4(b)(1) throughIC 9-30-10-4(b)(4), and at least one (1) of the offenses occurredwithin five (5) years prior to the granting of the probationary orrestricted license:
(A) Specified hours during which the person may drive.
(B) An order prohibiting the person from operating a motorvehicle or motorized bicycle with an alcohol concentrationequivalent to at least two-hundredths (0.02) gram of alcoholper:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(C) An order that the person submit to a method to monitorthe person's compliance with the prohibition against
operating a motor vehicle or motorized bicycle with analcohol concentration equivalent to at least two-hundredths(0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
or while intoxicated (as defined under IC 9-13-2-86).
(D) The court shall determine the appropriate monitoringmethod, which may include one (1) or more of thefollowing:
(i) The person may operate only a motor vehicle equippedwith an ignition interlock device.
(ii) The person must submit to a chemical test if a lawenforcement officer lawfully stops the person whileoperating a motor vehicle or motorized bicycle and the lawenforcement officer requests that the person submit to achemical test.
(iii) The person must wear a device that detects andrecords the person's use of alcohol.
(iv) The person must submit to any other reasonablemonitoring requirement as determined by the court.
(e) If a court orders the bureau to issue a restricted driving licenseto a petitioner under subsection (d), the court shall specify theconditions under which the petitioner may be issued a license tooperate a motor vehicle under section 13(b) of this chapter. After theexpiration date of the restricted license and upon:
(1) fulfillment by the petitioner of the conditions specified bythe court; and
(2) the expiration of the restricted license issued undersubsection (d)(2);
the bureau shall issue to the petitioner a license to operate a motorvehicle under section 13(b) of this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.101-1997, SEC.3;P.L.28-2010, SEC.8.
IC 9-30-10-16
Operating a motor vehicle while privileges are suspended; Class Dfelony; Class A misdemeanor
Sec. 16. (a) A person who operates a motor vehicle:
(1) while the person's driving privileges are validly suspendedunder this chapter or IC 9-12-2 (repealed July 1, 1991) and theperson knows that the person's driving privileges are suspended;or
(2) in violation of restrictions imposed under this chapter orIC 9-12-2 (repealed July 1, 1991) and who knows of theexistence of the restrictions;
commits a Class D felony.
(b) Service by the bureau of notice of the suspension or restrictionof 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 theperson's driving privileges are suspended or restricted.
(c) In addition to any criminal penalty, a person who is convictedof a felony under subsection (a) forfeits the privilege of operating amotor vehicle for life. However, if judgment for conviction of aClass A misdemeanor is entered for an offense under subsection (a),the court may order a period of suspension of the convicted person'sdriving privileges that is in addition to any suspension of drivingprivileges already imposed upon the person.
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.
IC 9-30-10-17
Operating motor vehicle while privileges are forfeited for life;Class C felony
Sec. 17. A person who operates a motor vehicle after the person'sdriving privileges are forfeited for life under section 16 of thischapter, IC 9-4-13-14 (repealed April 1, 1984), or IC 9-12-3-1(repealed July 1, 1991) commits a Class C felony.
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1993, SEC.63.
IC 9-30-10-17.5
Operating a vehicle in violation of the conditions of a hardshiplicense
Sec. 17.5. A person who operates a vehicle or motorized bicyclein violation of conditions of a restricted license ordered by a courtunder IC 9-30-10-9(d)(9) or IC 9-30-10-15(d)(2) commits a Class Amisdemeanor.
As added by P.L.28-2010, SEC.9.
IC 9-30-10-18
Defenses; extreme emergency; burden of proof
Sec. 18. In a criminal action brought under section 16, 17, or 17.5of this chapter, it is a defense that the operation of a motor vehicle ormotorized bicycle was necessary to save life or limb in an extremeemergency. The defendant must bear the burden of proof by apreponderance of the evidence to establish this defense.
As added by P.L.2-1991, SEC.18. Amended by P.L.28-2010, SEC.10.