TRAFFIC CODE
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under this subsection shall pay all costs associated
with the installation of an ignition interlock device
unless the sentencing court determines that the per-
son is indigent.
(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) (before its repeal);
(4) IC 14-15-8-8(c) (before its repeal);
(5) IC 35-46-9-6(b); or
(6) IC 35-46-9-6(c);
the court may recommend the suspension of the
person's driving privileges for not more than five
(5) years.
(f) If the conviction under consideration by the
court is for an offense involving the use of a con-
trolled 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 sus-
pension or revocation of the person's driving priv-
ileges for at least six (6) months.
(g) The bureau shall fix the period of suspen-
sion in accordance with the recommendation of the
court under this section and in accordance with IC
9-30-6-9.
9-30-5-15. Previous convictions; imprison-
ment or community service.
(a) In addition to any criminal penalty imposed
for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for
at least five (5) days; or
(B) the person to perform at least one
hundred eighty (180) hours of com-
munity restitution or service; and
(2) order the person to receive an assess-
ment of the person's degree of alcohol and
drug abuse and, if appropriate, to suc-
cessfully complete an alcohol or drug abuse
treatment program, including an alcohol
deterrent program if the person suffers
from alcohol abuse;
if the person has one (1) previous conviction of
operating while intoxicated.
(b) In addition to any criminal penalty imposed
for an offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for
at least ten (10) days; or
(B) the person to perform at least three
hundred sixty (360) hours of commu-
nity restitution or service; and
(2) order the person to receive an assess-
ment of the person's degree of alcohol and
drug abuse and, if appropriate, to suc-
cessfully complete an alcohol or drug abuse
treatment program, including an alcohol
deterrent program if the person suffers
from alcohol abuse;
if the person has at least two (2) previous con-
victions of operating while intoxicated.
(c) Notwithstanding IC 35-50-2-2.2 and IC
35-50-3-1, a sentence imposed under this section
may not be suspended. The court may require
that the person serve the term of imprisonment in
an appropriate facility at whatever time or inter-
vals (consecutive or intermittent) determined
appropriate by the court. However:
(1) at least forty-eight (48) hours of the
sentence must be served consecutively;
and
(2) the entire sentence must be served
within six (6) months after the date of sen-
tencing.
(d) Notwithstanding IC 35-50-6, a person does
not earn credit time while serving a sentence
imposed under this section.
9-30-5-16. Installation of ignition interlock
device [effective January 1, 2015].
(a) Except as provided in subsection (b) and
section 10 of this chapter, the court may, in grant-
ing specialized driving privileges under this chap-
ter, also order that the specialized driving
privileges include the requirement that a person
may not operate a motor vehicle unless the vehi-
cle is equipped with a functioning certified igni-
tion interlock device under IC 9-30-8.
(b) Acourt 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 vehi-
cle owned, leased, or provided by the
employee’s employer.
