TRAFFIC CODE
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(b) Any person who is required to have an
ignition interlock device installed as part of pro-
bation, a specialized driving permit, or any other
order of a court is required to pay for the instal-
lation, leasing, maintenance, and removal of the
ignition interlock device, as well as any addi-
tional expenses ordered by the court or the court’s
designee.
(c) An ignition interlock vendor or provider
shall provide any reports or data requested by the
state department of toxicology.
Chapter 9. Circuit Court Alcohol Abuse
Deterrent Programs.
9-30-9-0.5. Non-application to commercial drivers after
June 30, 2005.
9-30-9-1.
Applicability of chapter.
9-30-9-2.
Establishment of program.
9-30-9-3.
Criminal proceedings in which use of alco-
hol is contributing factor; deferral.
9-30-9-4.
Violation of condition.
9-30-9-5.
Conditionally deferring charges; proba-
tionary driving privileges; ignition inter-
lock.
9-30-9-6.
Referral to deterrent program.
9-30-9-7.
Procedures upon referral; license suspen-
sion; ignition interlock.
9-30-9-7.5 Operating without ignition interlock device.
9-30-9-8.
Fees.
9-30-9-9.
Establishment of county fund.
9-30-9-10.
Program administrator; funds disbursement;
contracts.
9-30-9-0.5. Non-application to commercial
drivers after June 30, 2005.
After June 30, 2005, this chapter does not
apply to a person who:
(1) holds a commercial driver's license;
and
(2) has been charged with an offense
involving the operation of a motor vehicle
in accordance with the federal Motor
Carrier Safety Improvement Act of 1999
(MCSIA) (Public Law 106-159.113 Stat.
1748).
9-30-9-1. Applicability of chapter.
This chapter applies to each circuit court that
is not authorized to establish an alcohol and drug
services program under IC 12-23-14-1 through IC
12-23-14-13.
9-30-9-2. Establishment of program.
The circuit court of a county may establish an
alcohol abuse deterrent program after the county
fiscal body adopts a resolution approving the pro-
gram. The program must provide for the treatment
of individuals who have been convicted of more
than one (1) violation of IC 9-30-5 with disulfi-
ram or a similar substance that the court determines
is an effective chemical deterrent to the use of alco-
hol.
9-30-9-3. Criminal proceedings in which use
of alcohol is contributing factor;
deferral.
(a) This section applies to a criminal pro-
ceeding in which the use or abuse of alcohol is a
contributing factor or a material element of the
offense.
(b) The court may take judicial notice of the
fact that proper medical treatment is likely to
decrease the defendant's tendency to engage in
antisocial behavior.
(c) Before conviction, the court, with the con-
sent of the defendant and the prosecuting attorney,
may conditionally defer the proceedings described
in subsection (a) for up to four (4) years. However,
a prosecution may not be deferred under this sec-
tion if:
(1) The offense involves death or serious
bodily injury;
(2) Other criminal proceedings, not arising
out of the same incident, alleging com-
mission of a felony are pending against the
defendant;
(3) The defendant is on probation or parole
and the appropriate parole or probation
authority does not consent to the defen-
dant's participation; or
(4) The defendant fails to meet additional
eligibility requirements imposed by the
court.
(d) The court may order the defendant to sat-
isfactorily complete the program established under
section 2 of this chapter if the court makes a
determination under subsection (b). The court
may impose other appropriate conditions upon
the defendant.
9-30-9-4. Violation of condition.
