§ 12-23-5-5 — Conditional deferral of charges under IC 9-30-5; suspension of driving privileges; probationary driving privileges; ignition interlock device

Indiana § 12-23-5-5

• Jurisdiction: Indiana
• Art. 23: ADDICTION SERVICES
• Ch. 5: Conditional Deferment of Judicial Proceedings After

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(a) Subject to subsection (b), if a court enters
an order conditionally deferring charges that involve a violation of IC 9-30-5, the court shall do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than two (2) years.
(2) Impose other appropriate conditions.
(b) A 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) If a defendant has at least one (1) conviction for an offense under
IC 9-30-5, the order granting probationary driving privileges under
subsection (b) must, in a county that provides for the installation of an
ignition interlock device under IC 9-30-8, prohibit 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.
(d) If a defendant does not have a prior conviction for an offense
under IC 9-30-5, 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-1992 Revision Citation: 16-13-6.1-15.1(c).]

Legislative History

As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.