(a)Except as provided in subsection (b), the
following are ineligible for specialized driving privileges under this
chapter:
(1)A person who has never been an Indiana resident.
(2)A person seeking specialized driving privileges with respect
to a suspension based on the person's refusal to submit to a
chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
court may grant this person driving privileges under IC 9-30-6-8(d).
(3)A person whose driving privileges have been suspended or
revoked under IC 9-24-10-7(b)(2)(A).
(4)A person whose driving privileges have been suspended under
IC 9-21-8-52(e) or IC 9-21-12-1(b).
(b)This chapter applies to the following:
(1)A person who held a driver's license (issued under IC 9-24-3),
or a commercial driver's, a public passenger chauffeur'
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(a) Except as provided in subsection (b), the
following are ineligible for specialized driving privileges under this
chapter:
(1) A person who has never been an Indiana resident.
(2) A person seeking specialized driving privileges with respect
to a suspension based on the person's refusal to submit to a
chemical test offered under IC 9-30-6 or IC 9-30-7. However, a
court may grant this person driving privileges under IC 9-30-6-8(d).
(3) A person whose driving privileges have been suspended or
revoked under IC 9-24-10-7(b)(2)(A).
(4) A person whose driving privileges have been suspended under
IC 9-21-8-52(e) or IC 9-21-12-1(b).
(b) This chapter applies to the following:
(1) A person who held a driver's license (issued under IC 9-24-3),
or a commercial driver's, a public passenger chauffeur's, or a
chauffeur's license at the time of:
(A) the criminal conviction for which the operation of a motor
vehicle is an element of the offense;
(B) any criminal conviction for an offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal); or
(C) committing the infraction of exceeding a worksite speed
limit for the second time in one (1) year under IC 9-21-5-11(f).
(2) A person who:
(A) has never held a valid Indiana driver's license or does not
currently hold a valid Indiana learner's permit; and
(B) was an Indiana resident when the driving privileges for
which the person is seeking specialized driving privileges were
suspended.
(c) Except as specifically provided in this chapter, a court may
suspend the driving privileges of a person convicted of any of the
following offenses for a period up to the maximum allowable period of
incarceration under the penalty for the offense:
(1) Any criminal conviction in which the operation of a motor
vehicle is an element of the offense.
(2) Any criminal conviction for an offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal).
(3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1
that involves the use of a vehicle.
(d) Except as provided in section 3.5 of this chapter, 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. A court may grant credit time for any suspension
that began before the conviction, except as prohibited by section
6(a)(2) of this chapter.
(e) If a person has had an ignition interlock device installed as a
condition of specialized driving privileges or under IC 9-30-6-8(d), the
period of the installation shall be credited as part of the suspension of
driving privileges.
(f) This subsection applies to a person described in subsection
(b)(2). A court shall, as a condition of granting specialized driving
privileges to the person, require the person to apply for and obtain an
Indiana driver's license.
(g) If a person indicates to the court at an initial hearing (as
described in IC 35-33-7) that the person intends to file a petition for a
specialized driving privileges hearing with that court under section 3
or 4 of this chapter, the following apply:
(1) The court shall:
(A) stay the suspension of the person's driving privileges at the
initial hearing and shall not submit the probable cause affidavit
related to the person's offense to the bureau; and
(B) set the matter for a specialized driving privileges hearing
not later than thirty (30) days after the initial hearing.
(2) If the person does not file a petition for a specialized driving
privileges hearing not later than ten (10) days after the date of the
initial hearing, the court shall lift the stay of the suspension of the
person's driving privileges and shall submit the probable cause
affidavit related to the person's offense to the bureau for
automatic suspension.
(3) If the person files a petition for a specialized driving privileges
hearing not later than ten (10) days after the initial hearing, the
stay of the suspension of the person's driving privileges continues
until the matter is heard and a determination is made by the court
at the specialized driving privileges hearing.
(4) If the specialized driving privileges hearing is continued due
to:
(A) a congestion of the court calendar;
(B) the prosecuting attorney's motion for a continuance; or
(C) the person's motion for a continuance with no objection by
the prosecuting attorney;
the stay of the suspension of the person's driving privileges
continues until addressed at the next hearing.
(5) If the person moves for a continuance of the specialized
driving privileges hearing and the court grants the continuance
over the prosecuting attorney's objection, the court shall lift the
stay of the suspension of the person's driving privileges and shall
submit the probable cause affidavit related to the person's offense
to the bureau for automatic suspension.