Habitual violators
Sec. 4. (a) A person who has accumulated at least two (2)
judgments within a ten (10) year period for any of the following
violations, singularly or in combination, not arising out of the same
incident, and with at least one (1) violation occurring after March 31,
1984, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor
vehicle.
(2) Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an
accident resulting in death or injury to any person to stop at the
scene of the accident and give the required information and
assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting
in death.
(6) After June 30, 1997, and before July 1, 2001, operation of
a vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;
resulting in death.
(b) A person who has accumulated at least three (3) judgments
within a ten (10) year period for any of the following violations,
singularly or in combination, not arising out of the same incident,
and with at least one (1) violation occurring after March 31, 1984, is
a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of
a vehicle with an alcohol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08)
gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do
so has been suspended or revoked as a result of the person's
conviction of an offense under IC 9-1-4-52 (repealed July 1,
1991), IC 9-24-18-5(b) (repealed July 1, 2000), IC 9-24-19-3,
or IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a
license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor
vehicle.
(9) Drag racing or engaging in a speed contest in violation of
law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46
(repealed July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2),
IC 9-26-1-1(4), IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or
IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any
felony in the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be
added to the violations described in this subsection for the purposes
of this subsection.
(c) A person who has accumulated at least ten (10) judgments
within a ten (10) year period for any traffic violation, except a
parking or an equipment violation, of the type required to be reported
to the bureau, singularly or in combination, not arising out of the
same incident, and with at least one (1) violation occurring after
March 31, 1984, is a habitual violator. However, at least one (1) of
the judgments must be for a violation enumerated in subsection (a)
or (b). A judgment for a violation enumerated in subsection (a) or (b)
shall be added to the judgments described in this subsection for the
purposes of this subsection.
As added by P.L.2-1991, SEC.18. Amended by P.L.1-1992, SEC.62;
P.L.1-1993, SEC.61; P.L.33-1997, SEC.13; P.L.1-2000, SEC.13;
P.L.32-2000, SEC.3; P.L.175-2001, SEC.12.
Last modified: May 27, 2006