TRAFFIC CODE
80
recommending use of an ignition inter-
lock device;
whichever occurs first.
(2) Notify the person of the right to a judi-
cial review under section 10 of this chap-
ter.
(b) Notwithstanding IC 4-21.5, an action that
the bureau is required to take under this section is
not subject to any administrative adjudication
under IC 4-21.5.
9-30-6-8.7. Operating without ignition inter-
lock device.
(a) A person commits a Class B infraction if
the person:
(1) operates a motor vehicle without a
functioning certified ignition interlock
device; and
(2) is prohibited from operating a motor
vehicle unless the motor vehicle is
equipped with a functioning certified igni-
tion interlock device under section 8(d)
of this chapter.
(b) Aperson commits a Class B misdemeanor
if the person:
(1) operates a motor vehicle without a
functioning certified ignition interlock
device; and
(2) knows the person is prohibited from
operating a motor vehicle unless the motor
vehicle is equipped with a functioning cer-
tified ignition interlock device under sec-
tion 8(d) of this chapter.
9-30-6-9. Suspension of driving privileges;
duties of bureau; limitations.
(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 driv-
ing privileges of the person:
(1) for:
(A) one (1) year; or
(B) if the person has at least one (1)
previous conviction for operating while
intoxicated, two (2) years; or
(2) until the suspension is ordered termi-
nated 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 intoxi-
cated, the bureau shall suspend the driving priv-
ileges 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 sus-
pend a person's driving privileges under this sec-
tion, the bureau shall immediately do the
following:
(1) Mail notice to the person's address
contained in the records of the bureau stat-
ing that the person's driving privileges
will be suspended for a specified period,
commencing:
(A) seven (7) 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 judi-
cial review under section 10 of this chap-
ter.
(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 sus-
pend 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 person probationary driving privileges if
the person otherwise qualifies.
(g) If the bureau receives an order granting
probationary driving privileges to a person who,
according to the records of the bureau, has a prior
conviction for operating while intoxicated, the