Sec. 5. (a) Subject to subsection (b), if a court enters an order conditionally deferring charges that involve a violation of IC 9-30-5, the court shall do the following:

(1) Suspend the defendant‘s driving privileges for at least ninety (90) days but not more than two (2) years.

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Terms Used In Indiana Code 12-23-5-5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) Impose other appropriate conditions.

     (b) A defendant may be granted probationary driving privileges only after the defendant’s license has been suspended for at least thirty (30) days under IC 9-30-6-9.

     (c) If a defendant has at least one (1) conviction for an offense under IC 9-30-5, the order granting probationary driving privileges under subsection (b) must, in a county that provides for the installation of an ignition interlock device under IC 9-30-8, prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.

     (d) If a defendant does not have a prior conviction for an offense under IC 9-30-5, the court may, as an alternative to a license suspension under subsection (a)(1), issue an order prohibiting the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. An order requiring an ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years.

[Pre-1992 Revision Citation: 16-13-6.1-15.1(c).]

As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.

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