Petition granted by court; conditions; contents of petition; time of
effect
Sec. 6.5. (a) The court shall grant a petition for a restricted driving
permit filed under this chapter if all of the following conditions exist:
(1) The person was not convicted of one (1) or more of the
following:
(A) A Class D felony under IC 9-30-5-4 before July 1, 1996,
or a Class D felony or a Class C felony under IC 9-30-5-4
after June 30, 1996.
(B) A Class C felony under IC 9-30-5-5 before July 1, 1996,
or a Class C felony or a Class B felony under IC 9-30-5-5
after June 30, 1996.
(2) The person's driving privileges were suspended under
IC 9-30-6-9(c) or IC 35-48-4-15.
(3) The driving that was the basis of the suspension was not in
connection with the person's work.
(4) The person does not have a previous conviction for
operating while intoxicated.
(5) The person is participating in a rehabilitation program
certified by either the division of mental health and addiction or
the Indiana judicial center as a condition of the person's
probation.
(b) The person filing the petition for a restricted driving permit
shall include in the petition the information specified in subsection
(a) in addition to the information required by sections 3 through 4 of
this chapter.
(c) Whenever the court grants a person restricted driving
privileges under this chapter, that part of the court's order granting
probationary driving privileges shall not take effect until the person's
driving privileges have been suspended for at least thirty (30) days
under IC 9-30-6-9. In a county that provides for the installation of an
ignition interlock device under IC 9-30-8, installation of an ignition
interlock device is required as a condition of probationary driving
privileges for the entire duration of the probationary driving
privileges.
(d) If a court requires installation of a certified ignition interlock
device under subsection (c), the court shall order the bureau to record
this requirement in the person's operating record in accordance with
IC 9-14-3-7. When the person is no longer required to operate only
a motor vehicle equipped with an ignition interlock device, the court
shall notify the bureau that the ignition interlock use requirement has
expired and order the bureau to update its records accordingly.
As added by P.L.103-1991, SEC.2. Amended by P.L.2-1992, SEC.87;
P.L.129-1993, SEC.1; P.L.40-1994, SEC.3; P.L.96-1996, SEC.1;
P.L.97-1996, SEC.1; P.L.10-2000, SEC.1; P.L.215-2001, SEC.17;
P.L.76-2004, SEC.2; P.L.2-2005, SEC.34.
Last modified: May 27, 2006