Suspension of driving privileges; duties of bureau; limitations;
nature of action; suspension and reinstatement
Sec. 9. (a) This section does not apply if an ignition interlock
device order is issued under section 8(d) of this chapter.
(b) If the affidavit under section 8(b) of this chapter states that a
person refused to submit to a chemical test, the bureau shall suspend
the driving privileges of the person:
(1) for one (1) year; or
(2) until the suspension is ordered terminated under IC 9-30-5.
(c) If the affidavit under section 8(b) of this chapter states that a
chemical test resulted in prima facie evidence that a person was
intoxicated, the bureau shall suspend the driving privileges of the
person:
(1) for one hundred eighty (180) days; or
(2) until the bureau is notified by a court that the charges have
been disposed of;
whichever occurs first.
(d) Whenever the bureau is required to suspend a person's driving
privileges under this section, the bureau shall immediately do the
following:
(1) Mail a notice to the person's last known address that must
state that the person's driving privileges will be suspended for
a specified period, commencing:
(A) five (5) days after the date of the notice; or
(B) on the date the court enters an order recommending
suspension of the person's driving privileges under section
8(c) of this chapter;
whichever occurs first.
(2) Notify the person of the right to a judicial review under
section 10 of this chapter.
(e) Notwithstanding IC 4-21.5, an action that the bureau is
required to take under this article is not subject to any administrative
adjudication under IC 4-21.5.
(f) If a person is granted probationary driving privileges under
IC 9-30-5 and the bureau has not received the probable cause
affidavit described in section 8(b) of this chapter, the bureau shall
suspend the person's driving privileges for a period of thirty (30)
days. After the thirty (30) day period has elapsed, the bureau shall,
upon receiving a reinstatement fee, if applicable, from the person
who was granted probationary driving privileges, issue the
probationary license if the person otherwise qualifies for a license.
(g) If the bureau receives an order granting probationary driving
privileges to a person who has a prior conviction for operating while
intoxicated, the bureau shall do the following:
(1) Issue the person a probationary license and notify the
prosecuting attorney of the county from which the order was
received that the person is not eligible for a probationary
license.
(2) Send a certified copy of the person's driving record to the
prosecuting attorney.
The prosecuting attorney shall, in accordance with IC 35-38-1-15,
petition the court to correct the court's order. If the bureau does not
receive a corrected order within sixty (60) days, the bureau shall
notify the attorney general, who shall, in accordance with
IC 35-38-1-15, petition the court to correct the court's order.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12;
P.L.153-2005, SEC.4.
Last modified: May 27, 2006