CHAPTER 6. IMPLIED CONSENT; ADMINISTRATIVE AND EVIDENTIARY MATTERS
IC 9-30-6
Chapter 6. Implied Consent; Administrative and EvidentiaryMatters
IC 9-30-6-1
Chemical test for intoxication; implied consent
Sec. 1. A person who operates a vehicle impliedly consents tosubmit to the chemical test provisions of this chapter as a conditionof operating a vehicle in Indiana.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-2
Probable cause; offer of test; alternative tests; requirement tosubmit
Sec. 2. (a) A law enforcement officer who has probable cause tobelieve that a person has committed an offense under this chapter,IC 9-30-5, or IC 9-30-9, or a violation under IC 9-30-15 shall offerthe person the opportunity to submit to a chemical test.
(b) A law enforcement officer:
(1) is not required to offer a chemical test to an unconsciousperson; and
(2) may offer a person more than one (1) chemical test underthis chapter.
(c) A test administered under this chapter must be administeredwithin three (3) hours after the law enforcement officer had probablecause to believe the person committed an offense under IC 9-30-5 ora violation under IC 9-30-15.
(d) A person must submit to each chemical test offered by a lawenforcement officer in order to comply with the implied consentprovisions of this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.7.
IC 9-30-6-3
Arrest; probable cause; evidence of intoxication; refusal to submitto test; admissibility
Sec. 3. (a) If a law enforcement officer has probable cause tobelieve that a person committed an offense under IC 9-30-5, theperson may be arrested. However, if the chemical test results inprima facie evidence that the person is intoxicated, the person shallbe arrested for an offense under this chapter, IC 9-30-5, or IC 9-30-9.
(b) At any proceeding under this chapter, IC 9-30-5, or IC 9-30-9,a person's refusal to submit to a chemical test is admissible intoevidence.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-4
Bureau rules
Sec. 4. The bureau shall adopt rules under IC 4-22-2 necessary tocarry out this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.8.
IC 9-30-6-4.3
Forfeited or seized vehicles; registration of certain vehiclesprohibited
Sec. 4.3. (a) This section applies only to a person whose motorvehicle has been seized under IC 34-24-1-1(15).
(b) If the bureau receives an order from a court recommendingthat the bureau not register a motor vehicle in the name of a personwhose motor vehicle has been seized under IC 34-24-1-1(15), thebureau may not register a motor vehicle in the name of the personwhose motor vehicle has been seized until the person proves that theperson possesses a current driving license.
As added by P.L.94-2006, SEC.6. Amended by P.L.1-2007, SEC.95.
IC 9-30-6-5
Breath test operators, equipment, and chemicals; certification;rules; certificates as prima facie evidence
Sec. 5. (a) The director of the department of toxicology of theIndiana University school of medicine shall adopt rules underIC 4-22-2 concerning the following:
(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper technique for administeringa breath test.
(b) Certificates issued in accordance with rules adopted undersubsection (a) shall be sent to the clerk of the circuit court in eachcounty where the breath test operator, equipment, or chemicals areused to administer breath tests. However, failure to send a certificatedoes not invalidate any test.
(c) Certified copies of certificates issued in accordance with rulesadopted under subsection (a):
(1) are admissible in a proceeding under this chapter, IC 9-30-5,IC 9-30-9, or IC 9-30-15;
(2) constitute prima facie evidence that the equipment orchemical:
(A) was inspected and approved by the department oftoxicology on the date specified on the certificate copy; and
(B) was in proper working condition on the date the breathtest was administered if the date of approval is not more thanone hundred eighty (180) days before the date of the breathtest;
(3) constitute prima facie evidence of the approved techniquefor administering a breath test; and
(4) constitute prima facie evidence that the breath test operator
was certified by the department of toxicology on the datespecified on the certificate.
(d) Results of chemical tests that involve an analysis of a person'sbreath are not admissible in a proceeding under this chapter,IC 9-30-5, IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted undersubsection (a).
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9.
IC 9-30-6-6
Chemical tests on blood, urine, or other bodily substance;disclosure of results; no privilege or liability; results admissible;limitation
Sec. 6. (a) A physician or a person trained in obtaining bodilysubstance samples and acting under the direction of or under aprotocol prepared by a physician, who:
(1) obtains a blood, urine, or other bodily substance samplefrom a person, regardless of whether the sample is taken fordiagnostic purposes or at the request of a law enforcementofficer under this section; or
(2) performs a chemical test on blood, urine, or other bodilysubstance obtained from a person;
shall deliver the sample or disclose the results of the test to a lawenforcement officer who requests the sample or results as a part ofa criminal investigation. Samples and test results shall be providedto a law enforcement officer even if the person has not consented toor otherwise authorized their release.
(b) A physician, a hospital, or an agent of a physician or hospitalis not civilly or criminally liable for any of the following:
(1) Disclosing test results in accordance with this section.
(2) Delivering a blood, urine, or other bodily substance samplein accordance with this section.
(3) Obtaining a blood, urine, or other bodily substance samplein accordance with this section.
(4) Disclosing to the prosecuting attorney or the deputyprosecuting attorney for use at or testifying at the criminal trialof the person as to facts observed or opinions formed.
(5) Failing to treat a person from whom a blood, urine, or otherbodily substance sample is obtained at the request of a lawenforcement officer if the person declines treatment.
(6) Injury to a person arising from the performance of duties ingood faith under this section.
(c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
(1) the privileges arising from a patient-physician relationshipdo not apply to the samples, test results, or testimony describedin this section; and (2) samples, test results, and testimony may be admitted in aproceeding in accordance with the applicable rules of evidence.
(d) The exceptions to the patient-physician relationship specifiedin subsection (c) do not affect those relationships in a proceeding notcovered by this chapter, IC 9-30-5, or IC 9-30-9.
(e) The test results and samples obtained by a law enforcementofficer under subsection (a) may be disclosed only to a prosecutingattorney or a deputy prosecuting attorney for use as evidence in acriminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
(f) This section does not require a physician or a person under thedirection of a physician to perform a chemical test.
(g) A physician or a person trained in obtaining bodily substancesamples and acting under the direction of or under a protocolprepared by a physician shall obtain a blood, urine, or other bodilysubstance sample if the following exist:
(1) A law enforcement officer requests that the sample beobtained.
(2) The law enforcement officer has certified in writing thefollowing:
(A) That the officer has probable cause to believe the personfrom whom the sample is to be obtained has violatedIC 9-30-5.
(B) That the person from whom the sample is to be obtainedhas been involved in a motor vehicle accident that resultedin the serious bodily injury or death of another.
(C) That the accident that caused the serious bodily injury ordeath of another occurred not more than three (3) hoursbefore the time the sample is requested.
(3) Not more than the use of reasonable force is necessary toobtain the sample.
(h) If the person:
(1) from whom the bodily substance sample is to be obtainedunder this section does not consent; and
(2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist anindividual, who must be authorized under this section to obtain asample, in the taking of the sample.
(i) The person authorized under this section to obtain a bodilysubstance sample shall take the sample in a medically acceptedmanner.
(j) This subsection does not apply to a bodily substance sampletaken at a licensed hospital (as defined in IC 16-18-2-179(a) andIC 16-18-2-179(b)). A law enforcement officer may transport theperson to a place where the sample may be obtained by any of thefollowing persons who are trained in obtaining bodily substancesamples and who have been engaged to obtain samples under thissection:
(1) A physician holding an unlimited license to practicemedicine or osteopathy.
(2) A registered nurse. (3) A licensed practical nurse.
(4) An emergency medical technician-basic advanced (asdefined in IC 16-18-2-112.5).
(5) An emergency medical technician-intermediate (as definedin IC 16-18-2-112.7).
(6) A paramedic (as defined in IC 16-18-2-266).
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.69;P.L.132-1993, SEC.1; P.L.1-1994, SEC.40; P.L.205-2003, SEC.3;P.L.94-2006, SEC.7; P.L.36-2010, SEC.1.
IC 9-30-6-7
Refusal to submit to chemical tests or test results in prima facieevidence of intoxication; duties of arresting officer
Sec. 7. (a) If a person refuses to submit to a chemical test, thearresting officer shall inform the person that refusal will result in thesuspension of the person's driving privileges.
(b) If a person refuses to submit to a chemical test after havingbeen advised that the refusal will result in the suspension of drivingprivileges or submits to a chemical test that results in prima facieevidence of intoxication, the arresting officer shall do the following:
(1) Obtain the person's driver's license or permit if the person isin possession of the document and issue a receipt valid until theinitial hearing of the matter held under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the prosecutingattorney of the county in which the alleged offense occurred.
(3) Send a copy of the probable cause affidavit submitted undersubdivision (2) to the bureau.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-8
Probable cause; suspension of driving privileges; ignition interlockdevice
Sec. 8. (a) Whenever a judicial officer has determined that therewas probable cause to believe that a person has violated IC 9-30-5 orIC 14-15-8, the clerk of the court shall forward:
(1) a copy of the affidavit; and
(2) a bureau certificate as described in section 16 of thischapter;
to the bureau.
(b) The probable cause affidavit required under section 7(b)(2) ofthis chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief thatthere was probable cause that the arrested person was operatinga vehicle in violation of IC 9-30-5 or a motorboat in violationof IC 14-15-8.
(2) State that the person was arrested for a violation ofIC 9-30-5 or operating a motorboat in violation of IC 14-15-8.
(3) State whether the person:
(A) refused to submit to a chemical test when offered; or
(B) submitted to a chemical test that resulted in prima facie
evidence that the person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it is determined undersubsection (a) that there was probable cause to believe that a personhas violated IC 9-30-5 or IC 14-15-8, at the initial hearing of thematter held under IC 35-33-7-1:
(1) the court shall recommend immediate suspension of theperson's driving privileges to take effect on the date the order isentered;
(2) the court shall order the person to surrender all driver'slicenses, permits, and receipts; and
(3) the clerk shall forward the following to the bureau:
(A) The person's license or permit surrendered under thissection or section 3 or 7 of this chapter.
(B) A copy of the order recommending immediatesuspension of driving privileges.
(d) If it is determined under subsection (a) that there is probablecause to believe that a person violated IC 9-30-5, the court may, asan alternative to a license suspension under subsection (c)(1), issuean order recommending that the person be prohibited from operatinga motor vehicle unless the motor vehicle is equipped with afunctioning certified ignition interlock device under IC 9-30-8 untilthe bureau is notified by a court that the criminal charges against theperson have been resolved.
As added by P.L.2-1991, SEC.18. Amended by P.L.57-1995, SEC.4;P.L.76-2004, SEC.9.
IC 9-30-6-8.5
Ignition interlock device; notice
Sec. 8.5. (a) If the bureau receives an order recommending use ofan ignition interlock device under section 8(d) of this chapter, thebureau shall immediately do the following:
(1) Mail a notice to the person's last known address stating thatthe person may not operate a motor vehicle unless the motorvehicle is equipped with a functioning certified ignitioninterlock device under IC 9-30-8 commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending useof an ignition interlock device;
whichever occurs first.
(2) Notify the person of the right to a judicial review undersection 10 of this chapter.
(b) Notwithstanding IC 4-21.5, an action that the bureau isrequired to take under this section is not subject to any administrativeadjudication under IC 4-21.5.
As added by P.L.76-2004, SEC.10.
IC 9-30-6-8.7
Offenses; operating motor vehicle without ignition interlock device
Sec. 8.7. (a) A person commits a Class B infraction if the person: (1) operates a motor vehicle without a functioning certifiedignition interlock device; and
(2) is prohibited from operating a motor vehicle unless themotor vehicle is equipped with a functioning certified ignitioninterlock device under section 8(d) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certifiedignition interlock device; and
(2) knows the person is prohibited from operating a motorvehicle unless the motor vehicle is equipped with a functioningcertified ignition interlock device under section 8(d) of thischapter.
As added by P.L.76-2004, SEC.11.
IC 9-30-6-9
Suspension of driving privileges; duties of bureau; limitations;nature of action; suspension and reinstatement
Sec. 9. (a) This section does not apply if an ignition interlockdevice order is issued under section 8(d) of this chapter.
(b) If the affidavit under section 8(b) of this chapter states that aperson refused to submit to a chemical test, the bureau shall suspendthe driving privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1) previous conviction foroperating while intoxicated, two (2) years; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that achemical test resulted in prima facie evidence that a person wasintoxicated, the bureau shall suspend the driving privileges of theperson:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges havebeen disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's drivingprivileges under this section, the bureau shall immediately do thefollowing:
(1) Mail a notice to the person's last known address that muststate that the person's driving privileges will be suspended fora specified period, commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommendingsuspension of the person's driving privileges under section8(c) of this chapter;
whichever occurs first.
(2) Notify the person of the right to a judicial review undersection 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau isrequired to take under this article is not subject to any administrative
adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges underIC 9-30-5 and the bureau has not received the probable causeaffidavit described in section 8(b) of this chapter, the bureau shallsuspend the person's driving privileges for a period of thirty (30)days. After the thirty (30) day period has elapsed, the bureau shall,upon receiving a reinstatement fee, if applicable, from the personwho was granted probationary driving privileges, issue theprobationary license if the person otherwise qualifies for a license.
(g) If the bureau receives an order granting probationary drivingprivileges to a person who has a prior conviction for operating whileintoxicated, the bureau shall do the following:
(1) Issue the person a probationary license and notify theprosecuting attorney of the county from which the order wasreceived that the person is not eligible for a probationarylicense.
(2) Send a certified copy of the person's driving record to theprosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,petition the court to correct the court's order. If the bureau does notreceive a corrected order within sixty (60) days, the bureau shallnotify the attorney general, who shall, in accordance withIC 35-38-1-15, petition the court to correct the court's order.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12;P.L.153-2005, SEC.4; P.L.94-2006, SEC.8.
IC 9-30-6-10
Judicial hearing; petition; issues; findings; county prosecutor torepresent state; burden of proof; appeal
Sec. 10. (a) A person against whom an ignition interlock deviceorder has been issued under section 8.5 of this chapter or whosedriving privileges have been suspended under section 9 of thischapter is entitled to a prompt judicial hearing. The person may filea petition that requests a hearing:
(1) in the court where the charges with respect to the person'soperation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehiclehave not been filed, in any court of the county where the allegedoffense or refusal occurred that has jurisdiction over crimescommitted in violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in theprobable cause affidavit.
(c) The hearing under this section shall be limited to the followingissues:
(1) Whether the arresting law enforcement officer had probablecause to believe that the person was operating a vehicle inviolation of IC 9-30-5. (2) Whether the person refused to submit to a chemical testoffered by a law enforcement officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended undersection 9(b) of this chapter and that the person did not refuse tosubmit to a chemical test;
the court shall order the bureau to rescind the ignition interlockdevice requirement or reinstate the person's driving privileges.
(e) The prosecuting attorney of the county in which a petition hasbeen filed under this chapter shall represent the state on relation ofthe bureau with respect to the petition.
(f) The petitioner has the burden of proof by a preponderance ofthe evidence.
(g) The court's order is a final judgment appealable in the mannerof civil actions by either party. The attorney general shall representthe state on relation of the bureau with respect to the appeal.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13;P.L.2-2005, SEC.38.
IC 9-30-6-11
Reinstatement of driving privileges; rescission of ignition interlockdevice requirement; conditions; findings of fact
Sec. 11. (a) Notwithstanding any other provision of this chapter,IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind anignition interlock device requirement or reinstate the drivingprivileges of a person if:
(1) all of the charges under IC 9-30-5 have been dismissed andthe prosecuting attorney states on the record that no chargeswill be refiled against the person;
(2) the court finds the allegations in a petition filed by adefendant under section 18 of this chapter are true; or
(3) the person:
(A) did not refuse to submit to a chemical test offered as aresult of a law enforcement officer having probable cause tobelieve the person committed the offense charged; and
(B) has been found not guilty of all charges by a court or bya jury.
(b) The court's order must contain findings of fact establishingthat the requirements for reinstatement described in subsection (a)have been met.
(c) A person whose driving privileges are reinstated under thissection is not required to pay a reinstatement fee.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.
IC 9-30-6-12
Suspension of driving privileges recommended by court;compliance; limitation
Sec. 12. (a) If a court recommends suspension of the drivingprivileges under this chapter, IC 9-30-5, or IC 9-30-9: (1) the bureau shall comply with the recommendation ofsuspension, and the driving privileges of the person remainsuspended for the period set by the court; and
(2) the person shall surrender to the court all licenses, permits,or receipts issued to the person, and the court shall immediatelyforward the licenses, permits, or receipts to the bureau with theabstract of conviction or judgment.
(b) During the three (3) years following the termination of thesuspension the person's driving privileges remain suspended until theperson provides proof of financial responsibility in force underIC 9-25.
(c) If at any time during the three (3) years following thetermination of the suspension imposed under subsection (a) a personwho has provided proof of financial responsibility under IC 9-25fails to maintain the proof, the bureau shall suspend the person'sdriving privileges until the person again provides proof of financialresponsibility under IC 9-25.
(d) An agency action under this section is not subject to IC 4-21.5.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-13
Reinstatement of driving privileges; rescission of ignition interlockdevice requirement; duties of bureau
Sec. 13. If a court orders the bureau to rescind an ignitioninterlock device requirement or reinstate a person's driving privilegesunder this article, the bureau shall comply with the order. Unless theorder for reinstatement is issued under section 11(2) of this chapter,the bureau shall also do the following:
(1) Remove any record of the ignition interlock devicerequirement or suspension from the bureau's recordkeepingsystem.
(2) Reinstate the privileges without cost to the person.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.15.
IC 9-30-6-13.5
Removal of suspension from record
Sec. 13.5. Whenever a case filed under IC 9-30-5 is terminated infavor of the defendant and the defendant's driving privileges weresuspended under section 9(c) of this chapter, the bureau shall removeany record of the suspension, including the reason for suspension,from the defendant's official driving record.
As added by P.L.103-1991, SEC.3. Amended by P.L.2-2005, SEC.39.
IC 9-30-6-14
Certified copies of driving and court records as prima facieevidence
Sec. 14. In a proceeding under this article:
(1) a certified copy of a person's driving record obtained fromthe bureau; or
(2) a certified copy of a court record concerning a previous
conviction;
constitutes prima facie evidence that the person has a previousconviction of operating while intoxicated.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-15
Evidence of blood alcohol content shown by chemical testsadmissible
Sec. 15. (a) At any proceeding concerning an offense underIC 9-30-5 or a violation under IC 9-30-15, evidence of the alcoholconcentration that was in the blood of the person charged with theoffense:
(1) at the time of the alleged violation; or
(2) within the time allowed for testing under section 2 of thischapter;
as shown by an analysis of the person's breath, blood, urine, or otherbodily substance is admissible.
(b) If, in a prosecution for an offense under IC 9-30-5, evidenceestablishes that:
(1) a chemical test was performed on a test sample taken fromthe person charged with the offense within the period of timeallowed for testing under section 2 of this chapter; and
(2) the person charged with the offense had an alcoholconcentration equivalent to at least eight-hundredths (0.08)gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood at thetime the test sample was taken; or
(B) two hundred ten (210) liters of the person's breath;
the trier of fact shall presume that the person charged with theoffense had an alcohol concentration equivalent to at leasteight-hundredths (0.08) gram of alcohol per one hundred (100)milliliters of the person's blood or per two hundred ten (210) liters ofthe person's breath at the time the person operated the vehicle.However, this presumption is rebuttable.
(c) If evidence in an action for a violation under IC 9-30-5-8.5establishes that:
(1) a chemical test was performed on a test sample taken fromthe person charged with the violation within the time allowedfor testing under section 2 of this chapter; and
(2) the person charged with the violation:
(A) was less than twenty-one (21) years of age at the time ofthe alleged violation; and
(B) had an alcohol concentration equivalent to at leasttwo-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;
at the time the test sample was taken;
the trier of fact shall presume that the person charged with theviolation had an alcohol concentration equivalent to at leasttwo-hundredths (0.02) gram of alcohol per one hundred (100)
milliliters of the person's blood or per two hundred ten (210) liters ofthe person's breath at the time the person operated the vehicle.However, the presumption is rebuttable.
(d) If, in an action for a violation under IC 9-30-15, evidenceestablishes that:
(1) a chemical test was performed on a test sample taken fromthe person charged with the offense within the time allowed fortesting under section 2 of this chapter; and
(2) the person charged with the offense had an alcoholconcentration equivalent to at least four-hundredths (0.04) gramof alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
at the time the test sample was taken;
the trier of fact shall presume that the person charged with theoffense had an alcohol concentration equivalent to at leastfour-hundredths (0.04) gram of alcohol by weight in grams per onehundred (100) milliliters of the person's blood or per two hundred ten(210) liters of the person's breath at the time the person operated thevehicle. However, this presumption is rebuttable.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.10;P.L.96-1996, SEC.6; P.L.33-1997, SEC.11; P.L.1-2000, SEC.11;P.L.175-2001, SEC.11.
IC 9-30-6-16
Bureau certificate; form and contents
Sec. 16. The bureau certificate must contain the followinginformation and may be substantially in the following form:
BUREAU OF MOTOR VEHICLES
CERTIFICATE
Date of Arrest Time Driver's License No. LicenseState
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 defendantviolated IC 9-30-5 this ___________ day of ________________,20__ and that charges are pending herein.
_____________________ Court
______________________ County
____________________________
Judge's Signature
As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.40.
IC 9-30-6-17
Trial date; notice; application
Sec. 17. (a) At least ten (10) days before the scheduled trial dateof a person charged with a violation of IC 9-30-5, the prosecutingattorney shall notify any person who suffered bodily injury as aresult of the alleged offense of the scheduled trial date. The noticemust include information concerning the time and place of the trial.
(b) If the injured person died as a result of the alleged offense, thenotice required under subsection (a) shall be given to the deceasedperson's parents, spouse, and children.
(c) This section applies only if the defendant's trial occurs morethan ten (10) days after the alleged offense.
(d) A prosecuting attorney's failure to comply with this section isnot grounds for postconviction relief.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-18
Early trial request; delay in trial; reinstatement of drivingprivileges; rescission of ignition interlock device requirement
Sec. 18. (a) A person against whom an ignition interlock deviceorder has been issued under section 8.5 of this chapter or whosedriving privileges have been suspended under section 9(c) of thischapter is entitled to rescission of the ignition interlock devicerequirement or reinstatement of driving privileges if the followingoccur:
(1) After a request for an early trial is made by the person at theinitial hearing on the charges, a trial or other disposition of thecharges for which the person was arrested under IC 9-30-5 isnot held within ninety (90) days after the date of the person'sinitial hearing on the charges.
(2) The delay in trial or disposition of the charges is not due tothe person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlockdevice requirement or reinstatement of driving privileges under thissection must file a verified petition in the court where the chargesagainst the petitioner are pending. The petition must allege thefollowing:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the chargesfiled 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 matterat the petitioner's initial hearing on the charges filed againstthe petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at leastninety (90) days after the date of the petitioner's initialhearing on the charges filed against the petitioner underIC 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 shallimmediately examine the record of the court to determine whetherthe allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under thissection are true, the court shall order rescission of the ignitioninterlock device requirement or reinstatement of the petitioner'sdriving privileges under section 11 of this chapter. The reinstatementmust not take effect until ninety (90) days after the date of thepetitioner's initial hearing.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.16;P.L.2-2005, SEC.41.