TRAFFIC CODE
89
If a defendant violates a condition imposed by
the court under section 3 of this chapter, the court
may order criminal proceedings to be resumed. If
a defendant fulfills the conditions set by the court
under section 3 of this chapter, the court shall
dismiss the charges against the defendant.
However, if:
(1) The defendant was previously charged
under IC 9-30-5; and
(2) The previous charges were dismissed
under this section;
the individual is not eligible to have subsequent
charges under IC 9-30-5 dismissed under this
chapter.
9-30-9-5. Conditionally deferring charges;
probationary driving privileges;
ignition interlock.
(a) If the court enters an order conditionally
deferring charges under section 3 of this chapter,
the court may do the following:
(1) Suspend the person's driving privileges
for at least two (2) years but not more than
four (4) years.
(2) Impose other appropriate conditions,
including the payment of fees imposed
under section 8 of this chapter.
(b) Notwithstanding IC 9-30-6-9, the defen-
dant may be granted probationary driving privi-
leges only after the defendant's license has been
suspended for at least one (1) year.
(c) The court may, as an alternative to a license
suspension under subsection (a)(1), issue an order
prohibiting the defendant from operating a motor
vehicle unless the motor vehicle is equipped with
a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition
interlock device must remain in effect for at least
two (2) years but not more than four (4) years.
9-30-9-6. Referral to deterrent program.
If the defendant is convicted in a proceeding
described in section 3(a) of this chapter and the
court places the defendant on probation, the court
may refer the defendant to the alcohol abuse deter-
rent program if the court makes a determination
under section 3(b) of this chapter.
9-30-9-7. Procedures upon referral; license
suspension; ignition interlock.
(a) If the court refers a defendant to the pro-
gram under section 6 of this chapter, the court may
do the following:
(1) Suspend the defendant's driving priv-
ileges for at least ninety (90) days but not
more than four (4) years.
(2) Impose other appropriate conditions.
(b) The defendant may be granted probation-
ary driving privileges only after the defendant's
license has been suspended for at least thirty (30)
days under IC 9-30-6-9.
(c) The court may, as an alternative to a license
suspension under subsection (a)(1), issue an order
prohibiting the defendant from operating a motor
vehicle unless the motor vehicle is equipped with
a functioning certified ignition interlock device
under IC 9-30-8. An order requiring an ignition
interlock device must remain in effect for at least
two (2) years but not more than four (4) years.
9-30-9-7.5. 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 5(c) or
7(c) 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 5(c) or 7(c) of this chapter.
9-30-9-8. Fees.
(a) The court shall order a defendant partici-
pating in a program under this chapter to pay an
alcohol abuse deterrent program fee or a medical
fee, or both, unless the court determines that the
defendant is indigent.
