CHAPTER 6. IMPLIED CONSENT; ADMINISTRATIVE AND EVIDENTIARY MATTERS
IC 9-30-6
Chapter 6. Implied Consent; Administrative and Evidentiary
Matters
IC 9-30-6-1
Chemical test for intoxication; implied consent
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.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-2
Probable cause; offer of test; alternative tests; requirement to
submit
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 to offer a chemical test to an unconscious
person; and
(2) may offer a person more than one (1) chemical test under
this chapter.
(c) A test administered under this chapter must be administered
within three (3) hours after the law enforcement officer had probable
cause to believe the person committed an offense under IC 9-30-5 or
a violation under IC 9-30-15.
(d) A person must submit to each chemical test offered by a law
enforcement officer in order to comply with the implied consent
provisions of this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.7.
IC 9-30-6-3
Arrest; probable cause; evidence of intoxication; refusal to submit
to test; admissibility
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, or IC 9-30-9.
(b) At any proceeding under this chapter, IC 9-30-5, or IC 9-30-9,
a person's refusal to submit to a chemical test is admissible into
evidence.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-4
Bureau rules
Sec. 4. The bureau shall adopt rules under IC 4-22-2 necessary to
carry out this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.8.
IC 9-30-6-4.3
Forfeited or seized vehicles; registration of certain vehicles
prohibited
Sec. 4.3. (a) This section applies only to a person whose motor
vehicle has been seized under IC 34-24-1-1(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(15), the
bureau may not register a motor vehicle in the name of the person
whose motor vehicle has been seized until the person proves that the
person possesses a current driving license.
As added by P.L.94-2006, SEC.6. Amended by P.L.1-2007, SEC.95.
IC 9-30-6-5
Breath test operators, equipment, and chemicals; certification;
rules; certificates as prima facie evidence
Sec. 5. (a) The director of the department of toxicology of the
Indiana University school of medicine 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) The certification of the proper technique for administering
a breath test.
(b) Certificates issued in accordance with rules adopted under
subsection (a) shall be sent to the clerk of the circuit court in each
county where the breath test operator, equipment, or chemicals are
used to administer breath tests. However, failure to send a certificate
does not invalidate any test.
(c) Certified copies of certificates issued in accordance with rules
adopted under subsection (a):
(1) are admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15;
(2) constitute prima facie evidence that the equipment or
chemical:
(A) was inspected and approved by the department of
toxicology on the date specified on the certificate copy; and
(B) was in proper working condition on the date the breath
test was administered if the date of approval is not more than
one hundred eighty (180) days before the date of the breath
test;
(3) constitute prima facie evidence of the approved technique
for administering a breath test; and
(4) constitute prima facie evidence that the breath test operator
was certified by the department of toxicology on the date
specified on the certificate.
(d) Results of chemical tests that involve an analysis of a person's
breath are not admissible in a proceeding under this chapter,
IC 9-30-5, IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under
subsection (a).
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9.
IC 9-30-6-6
Chemical tests on blood, urine, or other bodily substance;
disclosure of results; no privilege or liability; results admissible;
limitation
Sec. 6. (a) A physician or a person trained in obtaining bodily
substance samples and acting under the direction of or under a
protocol prepared by a physician, who:
(1) obtains a blood, urine, or other bodily substance sample
from a person, regardless of whether the sample is taken for
diagnostic purposes or at the request of a law enforcement
officer under this section; or
(2) performs a chemical test on blood, urine, or other bodily
substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law
enforcement officer who requests the sample or results as a part of
a criminal investigation. Samples and test results shall be provided
to a law enforcement officer even if the person has not consented to
or otherwise authorized their release.
(b) A physician, a hospital, or an agent of a physician or hospital
is not civilly or criminally liable for any of the following:
(1) Disclosing test results in accordance with this section.
(2) Delivering a blood, urine, or other bodily substance sample
in accordance with this section.
(3) Obtaining a blood, urine, or other bodily substance sample
in accordance with this section.
(4) Disclosing to the prosecuting attorney or the deputy
prosecuting attorney for use at or testifying at the criminal trial
of the person as to facts observed or opinions formed.
(5) Failing to treat a person from whom a blood, urine, or other
bodily substance sample is obtained at the request of a law
enforcement officer if the person declines treatment.
(6) Injury to a person arising from the performance of duties in
good faith under this section.
(c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
(1) the privileges arising from a patient-physician relationship
do not apply to the samples, test results, or testimony described
in this section; and
(2) samples, test results, and testimony may be admitted in a
proceeding in accordance with the applicable rules of evidence.
(d) The exceptions to the patient-physician relationship specified
in subsection (c) do not affect those relationships in a proceeding not
covered by this chapter, IC 9-30-5, or IC 9-30-9.
(e) The test results and samples obtained by a law enforcement
officer under subsection (a) may be disclosed only to a prosecuting
attorney or a deputy prosecuting attorney for use as evidence in a
criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
(f) This section does not require a physician or a person under the
direction of a physician to perform a chemical test.
(g) A physician or a person trained in obtaining bodily substance
samples and acting under the direction of or under a protocol
prepared by a physician shall obtain a blood, urine, or other bodily
substance sample if the following exist:
(1) A law enforcement officer requests that the sample be
obtained.
(2) The law enforcement officer has certified in writing the
following:
(A) That the officer has probable cause to believe the person
from whom the sample is to be obtained has violated
IC 9-30-5.
(B) That the person from whom the sample is to be obtained
has been involved in a motor vehicle accident that resulted
in the serious bodily injury or death of another.
(C) That the accident that caused the serious bodily injury or
death of another occurred not more than three (3) hours
before the time the sample is requested.
(3) Not more than the use of reasonable force is necessary to
obtain the sample.
(h) If the person:
(1) from whom the bodily substance sample is to be obtained
under this section does not consent; and
(2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an
individual, who must be authorized under this section to obtain a
sample, in the taking of the sample.
(i) The person authorized under this section to obtain a bodily
substance sample shall take the sample in a medically accepted
manner.
(j) This subsection does not apply to a bodily substance sample
taken at a licensed hospital (as defined in IC 16-18-2-179(a) and
IC 16-18-2-179(b)). A law enforcement officer may transport the
person to a place where the sample may be obtained by any of the
following persons who are trained in obtaining bodily substance
samples and who have been engaged to obtain samples under this
section:
(1) A physician holding an unlimited license to practice
medicine or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An emergency medical technician-basic advanced (as
defined in IC 16-18-2-112.5).
(5) An emergency medical technician-intermediate (as defined
in IC 16-18-2-112.7).
(6) A paramedic (as defined in IC 16-18-2-266).
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.69;
P.L.132-1993, SEC.1; P.L.1-1994, SEC.40; P.L.205-2003, SEC.3;
P.L.94-2006, SEC.7; P.L.36-2010, SEC.1.
IC 9-30-6-7
Refusal to submit to chemical tests or test results in prima facie
evidence of intoxication; duties of arresting officer
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 of driving
privileges or submits to a chemical test that results in prima facie
evidence of intoxication, the arresting officer shall do the following:
(1) Obtain the person's driver's license or permit if the person is
in possession of the document and issue a receipt valid until the
initial hearing of the matter held under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the prosecuting
attorney of the county in which the alleged offense occurred.
(3) Send a copy of the probable cause affidavit submitted under
subdivision (2) to the bureau.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-8
Probable cause; suspension of driving privileges; ignition interlock
device
Sec. 8. (a) Whenever a judicial officer has determined that there
was probable cause to believe that a person has violated IC 9-30-5 or
IC 14-15-8, the clerk of the court shall forward:
(1) a copy of the affidavit; and
(2) a bureau certificate as described in section 16 of this
chapter;
to the bureau.
(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 14-15-8.
(2) State that the person was arrested for a violation of
IC 9-30-5 or operating a motorboat in violation of IC 14-15-8.
(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 or IC 14-15-8, at the initial hearing of the
matter held under IC 35-33-7-1:
(1) the court shall recommend immediate suspension of the
person's driving privileges to take effect on the date the order is
entered;
(2) the court shall order the person to surrender all driver's
licenses, permits, and receipts; and
(3) the clerk shall forward the following to the bureau:
(A) The person's license or permit surrendered under this
section or section 3 or 7 of this chapter.
(B) 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 a license suspension under subsection (c)(1), 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 until
the bureau is notified by a court that the criminal charges against the
person have been resolved.
As added by P.L.2-1991, SEC.18. Amended by P.L.57-1995, SEC.4;
P.L.76-2004, SEC.9.
IC 9-30-6-8.5
Ignition interlock device; notice
Sec. 8.5. (a) If the bureau receives an order recommending use of
an ignition interlock device under section 8(d) of this chapter, the
bureau shall immediately do the following:
(1) Mail a notice to the person's last known address stating that
the person may not operate a motor vehicle unless the motor
vehicle is equipped with a functioning certified ignition
interlock device under IC 9-30-8 commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending use
of an ignition interlock device;
whichever occurs first.
(2) Notify the person of the right to a judicial review under
section 10 of this chapter.
(b) Notwithstanding IC 4-21.5, an action that the bureau is
required to take under this section is not subject to any administrative
adjudication under IC 4-21.5.
As added by P.L.76-2004, SEC.10.
IC 9-30-6-8.7
Offenses; operating motor vehicle without ignition interlock device
Sec. 8.7. (a) 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 section 8(d) of this chapter.
(b) 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 section 8(d) of this
chapter.
As added by P.L.76-2004, SEC.11.
IC 9-30-6-9
Suspension of driving privileges; duties of bureau; limitations;
nature of action; suspension and reinstatement
Sec. 9. (a) This section does not apply if an ignition interlock
device order is issued under section 8(d) of this chapter.
(b) If the affidavit under section 8(b) of this chapter states that a
person refused to submit to a chemical test, the bureau shall suspend
the driving privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1) previous conviction for
operating while intoxicated, two (2) years; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that a
chemical test resulted in prima facie evidence that a person was
intoxicated, the bureau shall suspend the driving privileges of the
person:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges have
been disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's driving
privileges under this section, the bureau shall immediately do the
following:
(1) Mail a notice to the person's last known address that must
state that the person's driving privileges will be suspended for
a specified period, commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending
suspension of the person's driving privileges under section
8(c) of this chapter;
whichever occurs first.
(2) Notify the person of the right to a judicial review under
section 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau is
required to take under this article is not subject to any administrative
adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges under
IC 9-30-5 and the bureau has not received the probable cause
affidavit described in section 8(b) of this chapter, the bureau shall
suspend the person's driving privileges for a period of thirty (30)
days. After the thirty (30) day period has elapsed, the bureau shall,
upon receiving a reinstatement fee, if applicable, from the person
who was granted probationary driving privileges, issue the
probationary license if the person otherwise qualifies for a license.
(g) If the bureau receives an order granting probationary driving
privileges to a person who has a prior conviction for operating while
intoxicated, the bureau shall do the following:
(1) Issue the person a probationary license and notify the
prosecuting attorney of the county from which the order was
received that the person is not eligible for a probationary
license.
(2) Send a certified copy of the person's driving record to the
prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order. If the bureau does not
receive a corrected order within sixty (60) days, the bureau shall
notify the attorney general, who shall, in accordance with
IC 35-38-1-15, petition the court to correct the court's order.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12;
P.L.153-2005, SEC.4; P.L.94-2006, SEC.8.
IC 9-30-6-10
Judicial hearing; petition; issues; findings; county prosecutor to
represent state; burden of proof; appeal
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 where the charges with respect to the person's
operation of a vehicle are pending; or
(2) if charges with respect to the person's operation of a vehicle
have not been filed, in any court of the county where the alleged
offense or refusal occurred that has jurisdiction over crimes
committed in violation of IC 9-30-5.
(b) The petition for review must:
(1) be in writing;
(2) be verified by the person seeking review; and
(3) allege specific facts that contradict the facts alleged in the
probable cause affidavit.
(c) The hearing under this section shall be limited to the following
issues:
(1) Whether the arresting law enforcement officer had probable
cause to believe that the person was operating a vehicle in
violation of IC 9-30-5.
(2) Whether the person refused to submit to a chemical test
offered by a law enforcement officer.
(d) If the court finds:
(1) that there was no probable cause; or
(2) that the person's driving privileges were suspended under
section 9(b) of this chapter and that the person did not refuse to
submit to a chemical test;
the court shall order the bureau to rescind the ignition interlock
device requirement or reinstate the person's driving privileges.
(e) The prosecuting attorney of the county in which a petition has
been filed under this chapter shall represent the state on relation of
the bureau with respect to the petition.
(f) The petitioner has the burden of proof by a preponderance of
the evidence.
(g) The court's order is a final judgment appealable in the manner
of civil actions by either party. The attorney general shall represent
the state on relation of the bureau with respect to the appeal.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13;
P.L.2-2005, SEC.38.
IC 9-30-6-11
Reinstatement of driving privileges; rescission of ignition interlock
device requirement; conditions; findings of fact
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 record that no charges
will be refiled against the person;
(2) the court finds the allegations in a petition filed by a
defendant under section 18 of this chapter are true; or
(3) the person:
(A) did not refuse to submit to a chemical test offered as a
result of a law enforcement officer having probable cause to
believe the person committed the offense charged; and
(B) has been found not guilty of all charges by a court or by
a jury.
(b) The court's order must contain findings of fact establishing
that the requirements for reinstatement described in subsection (a)
have been met.
(c) A person whose driving privileges are reinstated under this
section is not required to pay a reinstatement fee.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.
IC 9-30-6-12
Suspension of driving privileges recommended by court;
compliance; limitation
Sec. 12. (a) If a court recommends suspension of the driving
privileges under this chapter, IC 9-30-5, or IC 9-30-9:
(1) the bureau shall comply with the recommendation of
suspension, and the driving privileges of the person remain
suspended for the period set by the court; and
(2) the person shall surrender to the court all licenses, permits,
or receipts issued to the person, and the court shall immediately
forward the licenses, permits, or receipts to the bureau with the
abstract of conviction or judgment.
(b) During the three (3) years following the termination of the
suspension the person's driving privileges remain suspended until the
person provides proof of financial responsibility in force under
IC 9-25.
(c) If at any time during the three (3) years following the
termination of the suspension imposed under subsection (a) a person
who has provided proof of financial responsibility under IC 9-25
fails to maintain the proof, the bureau shall suspend the person's
driving privileges until the person again provides proof of financial
responsibility under IC 9-25.
(d) An agency action under this section is not subject to IC 4-21.5.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-13
Reinstatement of driving privileges; rescission of ignition interlock
device requirement; duties of bureau
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(2) of this chapter,
the bureau shall also do the following:
(1) Remove any record of the ignition interlock device
requirement or suspension from the bureau's recordkeeping
system.
(2) Reinstate the privileges without cost to the person.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.15.
IC 9-30-6-13.5
Removal of suspension from record
Sec. 13.5. Whenever a case filed under IC 9-30-5 is terminated in
favor of the defendant and the defendant's driving privileges were
suspended under section 9(c) of this chapter, the bureau shall remove
any record of the suspension, including the reason for suspension,
from the defendant's official driving record.
As added by P.L.103-1991, SEC.3. Amended by P.L.2-2005, SEC.39.
IC 9-30-6-14
Certified copies of driving and court records as prima facie
evidence
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.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-15
Evidence of blood alcohol content shown by chemical tests
admissible
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 this
chapter;
as shown by an analysis of the person's breath, blood, urine, or other
bodily substance is admissible.
(b) If, in a prosecution for an offense under IC 9-30-5, evidence
establishes that:
(1) a chemical test was performed on a test sample taken from
the person charged with the offense within the period of time
allowed for testing under section 2 of this chapter; and
(2) the person charged with the offense had an alcohol
concentration equivalent to at least eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood at the
time the test sample was taken; or
(B) two hundred ten (210) liters of the person's breath;
the trier of fact shall presume that the person charged with the
offense had an alcohol concentration equivalent to at least
eight-hundredths (0.08) gram of alcohol per one hundred (100)
milliliters of the person's blood or per two hundred ten (210) liters of
the person's breath at the time the person operated the vehicle.
However, this presumption is rebuttable.
(c) If evidence in an action for a violation under IC 9-30-5-8.5
establishes that:
(1) a chemical test was performed on a test sample taken from
the person charged with the violation within the time allowed
for testing under section 2 of this chapter; and
(2) the person charged with the violation:
(A) was less than twenty-one (21) years of age at the time of
the alleged violation; and
(B) had an alcohol concentration equivalent to at least
two-hundredths (0.02) gram of alcohol per:
(i) one hundred (100) milliliters of the person's blood; or
(ii) two hundred ten (210) liters of the person's breath;
at the time the test sample was taken;
the trier of fact shall presume that the person charged with the
violation had an alcohol concentration equivalent to at least
two-hundredths (0.02) gram of alcohol per one hundred (100)
milliliters of the person's blood or per two hundred ten (210) liters of
the person's breath at the time the person operated the vehicle.
However, the presumption is rebuttable.
(d) If, in an action for a violation under IC 9-30-15, evidence
establishes that:
(1) a chemical test was performed on a test sample taken from
the person charged with the offense within the time allowed for
testing under section 2 of this chapter; and
(2) the person charged with the offense had an alcohol
concentration equivalent to at least four-hundredths (0.04) gram
of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
at the time the test sample was taken;
the trier of fact shall presume that the person charged with the
offense had an alcohol concentration equivalent to at least
four-hundredths (0.04) gram of alcohol by weight in grams per one
hundred (100) milliliters of the person's blood or per two hundred ten
(210) liters of the person's breath at the time the person operated the
vehicle. However, this presumption is rebuttable.
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.10;
P.L.96-1996, SEC.6; P.L.33-1997, SEC.11; P.L.1-2000, SEC.11;
P.L.175-2001, SEC.11.
IC 9-30-6-16
Bureau certificate; form and contents
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 Sex Weight Height Eyes Hair
The above motorist BUREAU USE ONLY
REFUSED alcohol test
FAILED alcohol test 0.%
Court Determination
It has been determined there was probable cause the defendant violated IC 9-30-5 this ___________ day of ________________, 20__ and that charges are pending herein.
_____________________ Court
______________________ County
____________________________
Judge's Signature
As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.40.
IC 9-30-6-17
Trial date; notice; application
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 place of the trial.
(b) If the injured person died as a result of the alleged offense, the notice required under subsection (a) shall be given to the deceased person's parents, spouse, and children.
(c) This section applies only if the defendant's trial occurs more than ten (10) days after the alleged offense.
(d) A prosecuting attorney's failure to comply with this section is not grounds for postconviction relief.
As added by P.L.2-1991, SEC.18.
IC 9-30-6-18
Early trial request; delay in trial; reinstatement of driving
privileges; rescission of ignition interlock device requirement
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 a request for an early trial is made by the person at the
initial hearing on the charges, a trial or other disposition of the
charges for which the person was arrested under IC 9-30-5 is
not held within ninety (90) days after the date of the person's
initial hearing on the charges.
(2) The delay in trial or disposition of the charges is not due to
the person arrested under IC 9-30-5.
(b) A person who desires rescission of the ignition interlock
device requirement or reinstatement of driving privileges under this
section must file a verified petition in the court where the charges
against the petitioner are pending. The petition must allege the
following:
(1) The date of the petitioner's arrest under IC 9-30-5.
(2) The date of the petitioner's initial hearing on the charges
filed against the petitioner under IC 9-30-5.
(3) The date set for trial or other disposition of the matter.
(4) A statement averring the following:
(A) That the petitioner requested an early trial of the matter
at the petitioner's initial hearing on the charges filed against
the petitioner under IC 9-30-5.
(B) The trial or disposition date set by the court is at least
ninety (90) days after the date of the petitioner's initial
hearing on the charges filed against the petitioner under
IC 9-30-5.
(C) The delay in the trial or disposition is not due to the
petitioner.
(c) Upon the filing of a petition under this section, the court shall
immediately examine the record of the court to determine whether
the allegations in the petition are true.
(d) If the court finds the allegations of a petition filed under this
section are true, the court shall order rescission of the ignition
interlock device requirement or reinstatement of the petitioner's
driving privileges under section 11 of this chapter. The reinstatement
must not take effect until ninety (90) days after the date of the
petitioner's initial hearing.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.16;
P.L.2-2005, SEC.41.