§ 9-30-6-8 — Probable cause; suspension of driving privileges; ignition interlock device; violation

(a) Except as provided in IC 9-30-16-1(g),
whenever a judicial officer has determined that there was probable
cause to believe that a person has violated IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), the clerk of the court shall forward, in a
form and manner prescribed by the bureau:
(1) a paper copy of the affidavit, or an electronic substitute; or
(2) a bureau certificate as described in section 16 of this chapter;
to the bureau at the conclusion of the initial hearing under subsection
(c).
(b) The probable cause affidavit required under section 7(b)(2) of
this chapter must do the following:
(1) Set forth the grounds for the arresting officer's belief that there
was probable cause that the arrested person was operating a
vehicle in violation of IC 9-30-5 or a motorboat in violation of IC 35-46-9 or IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a violation of IC 9-30-5
or operating a motorboat in violation of IC 35-46-9 or IC 14-15-8
(before its repeal).
(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 under
subsection (a) that there was probable cause to believe that a person
has violated IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal), at
the initial hearing of the matter held under IC 35-33-7-1 the court shall
recommend immediate suspension of the person's driving privileges to
take effect on the date the order is entered, and forward to the bureau
a copy of the order recommending immediate suspension of driving
privileges.
(d) If it is determined under subsection (a) that there is probable
cause to believe that a person violated IC 9-30-5, the court may, as an
alternative to any suspension of the person's driving privileges under
subsection (c), issue an order recommending that the person be
prohibited from operating a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device under IC 9-30-8. This subsection applies even if the probable cause affidavit in
subsection (b) states that the person:
(1) refused to submit to a chemical test; or
(2) submitted to a chemical test that resulted in prima facie
evidence that the person was intoxicated.
The order remains in effect until the bureau is notified by a court that
the criminal charges against the person have been resolved. When the
court issues an order under this subsection, no administrative
suspension is imposed by the bureau and no suspension is noted on the
person's driving record.
(e) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition interlock
device under subsection (d).
(f) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor vehicle
unless the motor vehicle is equipped with a functioning certified
ignition interlock device under subsection (d).
[Pre-1991 Recodification Citation: 9-11-4-8.]

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.57-1995, SEC.4; P.L.76-2004, SEC.9; P.L.40-2012, SEC.4; P.L.125-2012, SEC.344; P.L.85-2013, SEC.94; P.L.188-2015, SEC.109; P.L.29-2020, SEC.1; P.L.110-2020, SEC.4; P.L.32-2021, SEC.20; P.L.111-2021, SEC.88.