Suspension of driving privileges; probationary driving privileges
Sec. 10. (a) In addition to a criminal penalty imposed for an
offense under this chapter or IC 14-15-8, the court shall, after
reviewing the person's bureau driving record and other relevant
evidence, recommend the suspension of the person's driving
privileges for the fixed period of time specified under this section.
(b) If the court finds that the person:
(1) does not have a previous conviction of operating a vehicle
or a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2)
years.
(c) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred more than five (5) years but less than ten (10)
years before the conviction under consideration by the court, the
court shall recommend the suspension of the person's driving
privileges for at least one hundred eighty (180) days but not more
than two (2) years. The court may stay the execution of that part of
the suspension that exceeds the minimum period of suspension and
grant the person probationary driving privileges for a period of time
equal to the length of the stay.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction
under consideration by the court, the court shall recommend the
suspension of the person's driving privileges for at least one (1) year
but not more than two (2) years. The court may stay the execution of
that part of the suspension that exceeds the minimum period of
suspension and grant the person probationary driving privileges for
a period of time equal to the length of the stay.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of
the person's driving privileges for at least six (6) months.
As added by P.L.2-1991, SEC.18. Amended by P.L.131-1993, SEC.2;
P.L.64-1994, SEC.3; P.L.57-1995, SEC.3; P.L.76-2004, SEC.6.
Last modified: May 27, 2006