TRAFFIC CODE
73
9-30-5-8.5. Persons under age 21 with
BAC .02.
(a) A person who:
(1) is less than twenty-one (21) years of
age; and
(2) operates a vehicle with an alcohol con-
centration equivalent to at least two-hun-
dredths (0.02) gram but less than
eight-hundredths (0.08) gram of alcohol
per:
(A) one hundred (100) milliliters of
the person's blood; or
(B) two hundred ten (210) liters of the
person's breath;
commits a Class C infraction.
(b) In addition to the penalty imposed under
this section, the court may recommend the sus-
pension of the driving privileges of the operator
of the vehicle for not more than one (1) year.
9-30-5-9. No defense; not operating on
highway.
It is not a defense in an action under this chap-
ter that the accused person was operating a vehi-
cle in a place other than on a highway.
9-30-5-9.5. No probationary license for com-
mercial drivers.
Probationary driving privileges under this
chapter do not apply to a commercial driver's
license in accordance with the federal Motor
Carrier Safety ImprovementAct of 1999 (MCSIA)
(Public Law 106-159.113 Stat.1748).
9-30-5-10. Additional penalties; license
suspension [effective January 1,
2015].
(a) In addition to a criminal penalty imposed
for an offense under this chapter, IC 35-46-9, or
IC 14-15-8 (before its repeal), the court shall,
after reviewing the person's bureau driving record
and other relevant evidence, recommend the sus-
pension of the person's driving privileges for the
fixed period of time specified under this section.
The court may require that a period of suspension
recommended under this section be imposed, if
applicable, before a period of incarceration or
after a period of incarceration, or both before and
after a period of incarceration, as long as the sus-
pension otherwise complies with the periods estab-
lished in this section.
(b) If 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 operat-
ing a vehicle or a motorboat while intox-
icated that occurred at least ten (10) years
before the conviction under consideration
by the court;
the court may recommend the suspension of the
person's driving privileges for not more than two
(2) years.
(c) If the person has a previous conviction of
operating a vehicle or a motorboat while intoxi-
cated 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 may recommend the suspension
of the person's driving privileges for not more
than two (2) years. The court may stay the exe-
cution of part of the suspension and grant the
person specialized driving privileges for a period
of time equal to the length of the stay.
(d) If the person has a previous conviction of
operating a vehicle or a motorboat while intoxi-
cated and the previous conviction occurred less
than five (5) years before the conviction under con-
sideration by the court, the court may recommend
the suspension of the person's driving privileges
for not more than two (2) years. The court may
stay the execution of part of the suspension and
grant the person specialized driving privileges
for a period of time equal to the length of the
stay. If the court grants specialized driving priv-
ileges under this subsection, the court shall order
that the specialized driving privileges include the
requirement that the person may not operate a
motor vehicle unless the motor vehicle is equipped
with a functioning certified ignition interlock
device under IC 9-30-8. However, the court may
grant specialized driving privileges under this
subsection without requiring the installation of an
ignition interlock device if the person is success-
fully 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.
The person granted specialized driving privileges
