IC 12-23-5-5 — Conditional deferral of charges under IC 9-30-5; suspension of driving privileges; probationary driving privileges; ignition interlock device
Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction
Bills amending this section
Section text
Sec. 5. (a) Subject to subsection (b), if a court enters an order conditionally deferring charges that involve a violation of IC 9-30-5, the court shall do the following: (1) Suspend the defendant's driving privileges for at least ninety (90) days but not more than two (2) years. (2) Impose other appropriate conditions. (b) A defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least thirty (30) days under IC 9-30-6-9. (c) If a defendant has at least one (1) conviction for an offense under IC 9-30-5, the order granting probationary driving privileges under subsection (b) must, in a county that provides for the installation of a registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1, prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1. (d) If a defendant does not have a prior conviction for an offense under IC 9-30-5, 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 registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1. An order requiring a registered ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years.
As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21; P.L.28-2026, SEC.30.
Source: official publisher (2026 edition)