TRAFFIC CODE
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substance offense convictions if the person is
convicted and sentenced for a vehicular substance
offense committed after sentencing for a prior
unrelated vehicular substance offense conviction.
However, if the person has only two (2) prior
unrelated vehicular substance offense convic-
tions, the earlier prior unrelated offense cannot
have occurred more than ten (10) years before the
date of the more recent prior unrelated offense. If
the person has at least three (3) prior unrelated con-
victions, the person has accumulated the convic-
tions regardless of when the offenses occurred.
However, a conviction does not count for purposes
of subsection (a) and this subsection if:
(1) it has been set aside; or
(2) it is a conviction for which the person
has been pardoned.
(c) If the person is convicted of a vehicular
substance offense in a jury trial, the jury shall
reconvene for the sentencing hearing. If the trial
is to the court, or the judgment is entered on a
guilty plea, the court alone shall conduct the sen-
tencing hearing, under IC 35-38-1-3.
(d) A person is a habitual vehicular substance
offender if the jury (if the hearing is by jury) or
the court (if the hearing is to the court alone)
finds that the state has proved beyond a reason-
able doubt that the person has accumulated four
(4) unrelated vehicular substance offense con-
victions or three (3) unrelated vehicular substance
offense convictions within a ten (10) year period.
(e) The court shall sentence a person found to
be a habitual vehicular substance offender to an
additional fixed term of at least one (1) year but
not more than eight (8) years of imprisonment, to
be added to the term of imprisonment imposed
under IC 35-50-2 or IC 35-50-3.
Chapter 16. Suspension of Driving Privileges
Specialized Driving Privileges.
9-30-16-1.
Eligibility for specialized driving privileges;
suspension of driving privileges.
9-30-16-2.
Suspension of driving privileges for offenses
involving serious bodily injury or death.
9-30-16-3.
Stay of suspension; granting specialized
driving privileges.
9-30-16-4.
Petition for specialized driving privileges.
9-30-16-5.
Violation of specialized driving privileges;
penalties.
9-30-16-1. Eligibility for specialized driving
privileges; suspension of driving
privileges [effective January 1,
2015].
(a) Except as provided in subsection (b), the
following are ineligible for a specialized driving
permit under this chapter:
(1) A person who has never held a valid
Indiana driver’s license.
(2) A person who holds a commercial dri-
ver’s license.
(3) A person who has refused to submit to
a chemical test offered under IC 9-30-6.
(b) In addition to applying to a person who
held an operator’s, a public passenger chauffeur’s,
or a chauffeur’s license at the time of the crimi-
nal conviction for which the operation of a motor
vehicle is an element of the offense, this chapter
applies to an individual who:
(1) held a commercial driver’s license at
the time the individual committed an
offense for which the operation of a motor
vehicle was an element of the offense;
(2) no longer holds a commercial driver’s
license; and
(3) subsequently was issued an operator’s
license, chauffeur’s license, or public pas-
senger chauffeur’s license.
(c) Except as specifically provided in this
chapter, for any criminal conviction in which the
operation of a motor vehicle is an element of the
offense, a court may suspend the person’s driving
privileges for a period up to the maximum allow-
able period of incarceration under the penalty for
the offense.
(d) A suspension of driving privileges under
this chapter may begin before the conviction.
Multiple suspensions of driving privileges ordered
by a court that are part of the same episode of crim-
inal conduct shall be served concurrently.
(e) If a person has had an ignition interlock
device installed as a condition of specialized driv-
ing privileges, the period of the installation shall
be credited as part of the suspension of driving
privileges.
9-30-16-2. Suspension of driving privileges
for offenses involving serious
bodily injury or death [effective
January 1, 2015].
