TRAFFIC CODE
91
vehicle with an alcohol concentration
equivalent to at least eight-hundredths
(0.08) gram of alcohol per:
(A) one hundred (100) milliliters of
the blood; or
(B) two hundred ten (210) liters of the
breath;
resulting in death.
(b) A person who has accumulated at least
three (3) judgments within a ten (10) year period
for any of the following violations, singularly or
in combination, and not arising out of the same
incident, is a habitual violator:
(1) Operation of a vehicle while intoxi-
cated.
(2) Before July 1, 1997, operation of a
vehicle with at least ten-hundredths percent
(0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1,
2001, operation of a vehicle with an alco-
hol concentration equivalent to at least
ten-hundredths (0.10) gram of alcohol per:
(A) one hundred (100) milliliters of
the blood; or
(B) two hundred ten (210) liters of the
breath.
(4) After June 30, 2001, operation of a
vehicle with an alcohol concentration
equivalent to at least eight-hundredths
(0.08) gram of alcohol per:
(A) one hundred (100) milliliters of
the blood; or
(B) two hundred ten (210) liters of the
breath.
(5) Operating a motor vehicle while the
person's license to do so has been sus-
pended or revoked as a result of the per-
son's conviction of an offense under IC
9-1-4-52 (repealed July 1, 1991), IC 9-
24-18-5(b) (repealed July 1, 2000), IC 9-
24-19-2, or IC 9-24-19-3.
(6) Operating a motor vehicle without ever
having obtained a license to do so.
(7) Reckless driving.
(8) Criminal recklessness involving the
operation of a motor vehicle.
(9) Drag racing or engaging in a speed
contest in violation of law.
(10)Violating IC 9-4-1-40 (repealed July
1, 1991), IC 9-4-1-46 (repealed July 1,
1991), IC 9-26-1-1(1), IC 9-26-1-1(2), IC
9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3,
or IC 9-26-1-4.
(11)Any felony under an Indiana motor
vehicle statute or any felony in the com-
mission of which a motor vehicle is used.
(12)Operating a Class B motor driven
cycle in violation of IC 9-24-1-1(b).
A judgment for a violation enumerated in sub-
section (a) shall be added to the violations
described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least
ten (10) judgments within a ten (10) year period
for any traffic violation, except a parking or an
equipment violation, of the type required to be
reported to the bureau, singularly or in combina-
tion, and not arising out of the same incident, is
a habitual violator. However, at least one (1) of the
judgments must be for a violation enumerated in
subsection (a) or (b). A judgment for a violation
enumerated in subsection (a) or (b) shall be added
to the judgments described in this subsection for
the purposes of this subsection.
(d) For purposes of this section, a judgment
includes a judgment in any other jurisdiction in
which the elements of the offense for which the
conviction was entered are substantially similar to
the elements of the offenses described in subsec-
tions (a), (b), and (c).
(e) For purposes of this section, the offense
date is used when determining the number of
judgments accumulated within a ten (10) year
period.
Version #2 – P.L.217-2014 [effective January 1,
2015].
(a) A person who has accumulated at least
two (2) judgments within a ten (10) year period
for any of the following violations, singularly or
in combination, and not arising out of the same
incident, is a habitual violator:
(1) Reckless homicide resulting from the
operation of a motor vehicle.
(2) Voluntary or involuntary manslaughter
resulting from the operation of a motor
vehicle.
(3) Failure of the operator of a vehicle
