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.
Last modified: May 27, 2006