TRAFFIC CODE
100
(a) If a person is convicted of an offense that
includes the element of causing serious bodily
injury to another person and the offense involved
the operation of a motor vehicle, the court shall
order that the person’s driving privileges are sus-
pended for a period of at least one (1) year and not
more than the maximum allowable period of
incarceration of the criminal penalty for the
offense. A person whose driving privileges are
suspended under this section is eligible for spe-
cialized driving privileges under section 3 of this
chapter.
(b) If a person is convicted of an offense that
includes the element of causing the death of
another person and the offense involved the oper-
ation of a motor vehicle, the court shall order that
the person’s driving privileges are suspended for
a period of at least two (2) years and not more than
the maximum allowable period of incarceration of
the criminal penalty for the offense. A person
whose driving privileges are suspended under
this section is not eligible for specialized driving
privileges under section 3 of this chapter.
9-30-16-3. Stay of suspension; granting
specialized driving privileges
[effective January 1, 2015].
(a) A court imposing a suspension of driving
privileges under this chapter may stay the sus-
pension and grant a specialized driving privilege
as set forth in this section.
(b) Regardless of the underlying offense, spe-
cialized driving privileges granted under this sec-
tion shall be granted for at least one hundred
eighty (180) days.
(c) Specialized driving privileges must be
determined by a court and may include, but are not
limited to:
(1) requiring the use of ignition interlock
devices; and
(2) restricting a person to being allowed to
operate a motor vehicle:
(A) during certain hours of the day; or
(B) between specific locations and the
person’s residence.
(d) A stay of conviction and specialized driv-
ing privileges may not be granted to a person
who has previously been granted specialized driv-
ing privileges and the person has more than one
(1) conviction under section 5 of this chapter.
(e) Aperson who has been granted specialized
driving privileges shall:
(1) maintain proof of future financial
responsibility insurance during the period
of specialized driving privileges;
(2) carry a copy of the order granting spe-
cialized driving privileges or have the
order in the vehicle being operated by the
person; and
(3) produce a copy of the order granting
specialized driving privileges upon the
request of a police officer.
9-30-16-4. Petition for specialized driving
privileges [effective January 1
2015].
(a) A person whose driving privileges have
been suspended by the bureau may petition a
court for specialized driving privileges.
(b) A petition filed under this section must:
(1) be verified by the petitioner;
(2) state the petitioner’s age, date of birth,
and address;
(3) state the grounds for relief and the
relief sought;
(4) be filed in the county in which the peti-
tioner resides;
(5) be filed in a circuit or superior court;
and
(6) be served on the bureau and the pros-
ecuting attorney.
(c) A prosecuting attorney may appear on
behalf of the bureau to respond to a petition filed
under this section.
9-30-16-5. Violation of specialized driving
privileges; penalties [effective
January 1, 2015].
(a) A person who knowingly or intentionally
violates a condition imposed by a court under
section 2 of this chapter commits a Class C mis-
demeanor.
(b) For a person convicted of an offense under
subsection (a), the court may modify or revoke
specialized driving privileges. The court may
order the bureau to lift the stay of a suspension of
driving privileges and suspend the person’s driv-
ing license as originally ordered.
