Sec. 1. A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana. [Pre-1991 Recodification Citation: 9-11-4-1.] As added by P.L.2-1991, SEC.18.
Sec. 10. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing: (1) in the court […]
Sec. 11. (a) Notwithstanding any other provision of this chapter, IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind an ignition interlock device requirement or reinstate the driving privileges of a person if: (1) all of the charges under IC 9-30-5 have been dismissed and the prosecuting attorney states on the […]
Sec. 12. (a) If a court recommends suspension of driving privileges under this chapter, IC 9-30-5, or IC 9-30-9, the bureau shall fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a fixed period of suspension, or recommends a fixed term that is less than […]
Sec. 13. If a court orders the bureau to rescind an ignition interlock device requirement or reinstate a person’s driving privileges under this article, the bureau shall comply with the order. Unless the order for reinstatement is issued under section 11(a)(2) of this chapter, the bureau shall also do the following: (1) Remove any record […]
Sec. 13.5. If: (1) a case filed under IC 9-30-5 is terminated in favor of the defendant; and (2) the defendant’s driving privileges were suspended under: (A) section 9(b) of this chapter; or (B) section 9(c) of this chapter; the bureau shall remove any record of the suspension, including the reason for suspension, from the […]
Sec. 14. In a proceeding under this article: (1) a certified copy of a person’s driving record obtained from the bureau; or (2) a certified copy of a court record concerning a previous conviction; constitutes prima facie evidence that the person has a previous conviction of operating while intoxicated. [Pre-1991 Recodification Citation: 9-11-4-14.] As added […]
Sec. 15. (a) At any proceeding concerning an offense under IC 9-30-5 or a violation under IC 9-30-15, evidence of the alcohol concentration that was in the blood of the person charged with the offense: (1) at the time of the alleged violation; or (2) within the time allowed for testing under section 2 of […]
Sec. 16. The bureau certificate must contain the following information and may be substantially in the following form: BUREAU OF MOTOR VEHICLES CERTIFICATE Date of Arrest Time Driver’s License No. License State a.m. / / p.m. Name: (first) (M.I.) (last) Date of Birth / / CURRENT Address (street, city, state, zip) Court Code Cause Number […]
Sec. 17. (a) At least ten (10) days before the scheduled trial date of a person charged with a violation of IC 9-30-5, the prosecuting attorney shall notify any person who suffered bodily injury as a result of the alleged offense of the scheduled trial date. The notice must include information concerning the time and […]
Sec. 18. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9(c) of this chapter is entitled to rescission of the ignition interlock device requirement or reinstatement of driving privileges if the following occur: (1) After […]
Sec. 2. (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter, IC 9-30-5, or IC 9-30-9, or a violation under IC 9-30-15 shall offer the person the opportunity to submit to a chemical test. (b) A law enforcement officer: (1) is not required […]
Sec. 3. (a) If a law enforcement officer has probable cause to believe that a person committed an offense under IC 9-30-5, the person may be arrested. However, if the chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter, IC 9-30-5, […]
[Pre-1991 Recodification Citation: 9-11-4-4.] As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.8. Repealed by P.L.198-2016, SEC.601.
Sec. 4.3. (a) This section applies only to a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15). (b) If the bureau receives an order from a court recommending that the bureau not register a motor vehicle in the name of a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau […]
Sec. 5. (a) The director of the state department of toxicology shall adopt rules under IC 4-22-2 concerning the following: (1) Standards and regulations for the: (A) selection; (B) training; and (C) certification; of breath test operators. (2) Standards and regulations for the: (A) selection; and (B) certification; of breath test equipment and chemicals. (3) […]
Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement P.L.1-2000, the director of the department of toxicology of the Indiana University School of Medicine may adopt a rule required under section 5 of this chapter, section 6 of this chapter, or both in the manner provided for emergency rules under IC 4-22-2-37.1. (b) A rule adopted […]
Sec. 6. (a) A physician, a person trained in retrieving contraband or obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician, or a licensed health care professional acting within the professional’s scope of practice and under the direction of or under a protocol prepared by a […]
Sec. 7. (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person’s driving privileges. (b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension […]
Sec. 8. (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 […]
