§ 9-30-16-3 — Stay of suspension; specialized driving privileges; operation of vehicle requiring commercial driver's license prohibited

(a) This section does not apply to specialized
driving privileges granted in accordance with section 3.5 of this
chapter. If a court orders a suspension of driving privileges under this
chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c), the court may stay the suspension and grant a specialized
driving privilege as set forth in this section.
(b) An individual who seeks specialized driving privileges must file
a petition for specialized driving privileges in each court that has
ordered or imposed a suspension of the individual's driving privileges.
Each petition must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, and address;
(3) state the grounds for relief and the relief sought;
(4) be filed in the court case that resulted in the order of
suspension; and
(5) be served on the bureau and the prosecuting attorney.
A prosecuting attorney shall appear on behalf of the bureau to respond
to a petition filed under this subsection.
(c) Except as provided in subsection (h), regardless of the
underlying offense, specialized driving privileges granted under this
section shall be granted for a period of time as determined by the court.
A court, at its discretion, may set periodic review hearings to review an
individual's specialized driving privileges.
(d) The terms of specialized driving privileges must be determined
by a court.
(e) A stay of a suspension and specialized driving privileges may
not be granted to an individual who:
(1) has previously been granted specialized driving privileges;
and
(2) has more than one (1) conviction under section 5 of this
chapter.
(f) An individual who has been granted specialized driving
privileges shall:
(1) maintain proof of future financial responsibility insurance
during the period of specialized driving privileges;
(2) carry a copy of the order granting specialized driving
privileges or have the order in the vehicle being operated by the
individual;
(3) produce the copy of the order granting specialized driving
privileges upon the request of a police officer; and
(4) carry a validly issued state identification card or driver's
license.
(g) An individual who holds a commercial driver's license and has
been granted specialized driving privileges under this chapter may not,
for the duration of the suspension for which the specialized driving
privileges are sought, operate any vehicle that requires the individual
to hold a commercial driver's license to operate the vehicle.
(h) Whenever a suspension of an individual's driving privileges
under this chapter is terminated because:
(1) the underlying conviction, judgment, or finding that forms the
basis of the suspension is reversed, vacated, or dismissed; or
(2) the individual is acquitted of, found not liable for, or otherwise
found not to have committed the underlying act or offense that
forms the basis of the suspension;
the individual's specialized driving privileges expire at the time the
suspension of the individual's driving privileges is terminated.
(i) The court shall inform the bureau of a termination of a
suspension and expiration of specialized driving privileges as described
under subsection (h) in a format designated by the bureau.

Legislative History

As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.124; P.L.41-2016, SEC.4; P.L.198-2016, SEC.608; P.L.120-2017, SEC.6; P.L.46-2018, SEC.3; P.L.161-2018, SEC.20; P.L.29-2020, SEC.2.