Indiana § 9-30-5-15 Imprisonment; community restitution or service; alcohol or drug abuse
treatment

Indiana Statutes

§ 9-30-5-15 — Imprisonment; community restitution or service; alcohol or drug abuse treatment

Indiana·Title 9 MOTOR VEHICLES·Art. 30 GENERAL PENALTY PROVISIONS·Ch. 5 Operating a Vehicle While Intoxicated

(a)In addition to any criminal penalty imposed for an offense under this chapter, the court shall:

(1)order:

(A)that the person be imprisoned for at least five (5) days; or

(B)the person to perform at least two hundred forty (240) hours of community restitution or service; and

(2)order the person to receive an assessment of the person's degree of alcohol and drug abuse and, if appropriate, to successfully complete an alcohol or drug abuse treatment program, including an alcohol deterrent program if the person suffers from alcohol abuse; if the person has one (1) previous conviction of operating while intoxicated.

(b)In addition to any criminal penalty imposed for an offense under this chapter, the court shall:

(1)order:

(A)that the person be imprisoned for at least ten (10) days; o

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(a) In addition to any criminal penalty
imposed for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) days; or
(B) the person to perform at least two hundred forty (240) hours
of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has one (1) previous conviction of operating while
intoxicated.
(b) In addition to any criminal penalty imposed for an offense under
this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) days; or
(B) the person to perform at least four hundred eighty (480)
hours of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has at least two (2) previous convictions of operating
while intoxicated.
(c) Notwithstanding IC 35-50-2-2.2 and IC 35-50-3-1, a sentence
imposed under this section may not be suspended. The court may
require that the person serve the term of imprisonment in an
appropriate facility at whatever time or intervals (consecutive or
intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire sentence must be served within six (6) months after
the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn good time
credit (as defined in IC 35-50-6-0.5) while serving a sentence imposed
under this section.
[Pre-1991 Recodification Citation: 9-11-3-4.]

Indiana § 9-30-5-15 (Imprisonment; community restitution or service; alcohol or drug abuse treatment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3; P.L.32-2000, SEC.2; P.L.85-2004, SEC.48; P.L.168-2014, SEC.18; P.L.74-2015, SEC.1; P.L.217-2017, SEC.74.