Probationary driving privileges; ignition interlock device; alcohol
treatment program
Sec. 16. (a) Except as provided in subsections (b) and (c), the
court may, in granting probationary driving privileges under this
chapter, also order that the probationary driving privileges include
the requirement that a person may not operate a motor vehicle unless
the vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8.
(b) An order granting probationary driving privileges:
(1) under:
(A) section 12(a) of this chapter, if the person has a previous
conviction that occurred at least ten (10) years before the
conviction under consideration by the court; or
(B) section 12(c) of this chapter; or
(2) to a person who has a prior unrelated conviction for an
offense under this chapter of which the consumption of alcohol
is an element;
must prohibit the person from operating a motor vehicle unless the
vehicle is equipped with a functioning certified ignition interlock
device under IC 9-30-8. However, a court is not required to order the
installation of an ignition interlock device for a person described in
subdivision (1) or (2) if the person is successfully participating in a
court supervised alcohol treatment program in which the person is
taking disulfiram or a similar substance that the court determines is
effective in treating alcohol abuse.
(c) A court may not order the installation of an ignition interlock
device on a vehicle operated by an employee to whom any of the
following apply:
(1) Has been convicted of violating section 1 or 2 of this
chapter.
(2) Is employed as the operator of a vehicle owned, leased, or
provided by the employee's employer.
(3) Is subject to a labor agreement that prohibits an employee
who is convicted of an alcohol related offense from operating
the employer's vehicle.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.8.
Last modified: May 27, 2006