Bill Text: IN HB1272 | 2010 | Regular Session | Introduced
Bill Title: Ignition interlock devices.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Judiciary [HB1272 Detail]
Download: Indiana-2010-HB1272-Introduced.html
Citations Affected: IC 9-30.
Synopsis: Ignition interlock devices. Provides that a court may grant
probationary driving privileges to a person who is convicted of
operating a vehicle or motorboat while intoxicated (OWI) and who
does not have a previous OWI conviction or whose previous OWI
conviction was at least ten years in the past and may order the person
to not operate a motor vehicle for six months unless the motor vehicle
is equipped with a functioning certified ignition interlock device.
Requires a court, when granting probationary driving privileges to: (1)
a person who is convicted of OWI and whose previous OWI conviction
was at least five but less than ten years in the past; or (2) a person who
operated a vehicle with a certain alcohol concentration equivalent; to
grant the probationary driving privileges subject to the condition that
for six months the person may not operate a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition interlock
device.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Judiciary.
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(b) Except as provided in subsection (c)(2), if the court finds that the person:
(1) does not have a previous conviction of operating a vehicle or a motorboat while intoxicated; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated that occurred at least ten (10) years
before the conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least ninety (90) days but not more than two (2) years.
The court may stay the execution of the part of the suspension that
exceeds the minimum period of suspension and grant the person
probationary driving privileges for a period equal to the length of
the stay. If the court grants probationary driving privileges under
this subsection, the court may order that the probationary driving
privileges include the condition that for six (6) months the person
may not operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device
under IC 9-30-8.
(c) If the court finds that the person:
(1) operated a vehicle with an alcohol concentration
equivalent to at least fifteen-hundredths (0.15) gram of
alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) has a previous conviction of operating a vehicle or a
motorboat while intoxicated and the previous conviction occurred
more than five (5) years but less than ten (10) years before the
conviction under consideration by the court;
the court shall recommend the suspension of the person's driving
privileges for at least one hundred eighty (180) days but not more than
two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving
privileges under this subsection, the court shall order that the
probationary driving privileges include the condition that for six
(6) months the person may not operate a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under IC 9-30-8.
(d) If the court finds that the person has a previous conviction of
operating a vehicle or a motorboat while intoxicated and the previous
conviction occurred less than five (5) years before the conviction under
consideration by the court, the court shall recommend the suspension
of the person's driving privileges for at least one (1) year but not more
than two (2) years. The court may stay the execution of that part of the
suspension that exceeds the minimum period of suspension and grant
the person probationary driving privileges for a period of time equal to
the length of the stay. If the court grants probationary driving privileges
under this subsection, the court shall order that the probationary driving
privileges include the requirement condition that for six (6) months
the person may not operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device under
IC 9-30-8. However, the court may grant probationary driving
privileges under this subsection without requiring the installation of an
ignition interlock device if the person is successfully participating in
a court supervised alcohol treatment program in which the person is
taking disulfiram or a similar substance that the court determines is
effective in treating alcohol abuse. The person granted probationary
driving privileges under this subsection shall pay all costs associated
with the installation of an ignition interlock device unless the
sentencing court determines that the person is indigent.
(e) If the conviction under consideration by the court is for an
offense under:
(1) section 4 of this chapter;
(2) section 5 of this chapter;
(3) IC 14-15-8-8(b); or
(4) IC 14-15-8-8(c);
the court shall recommend the suspension of the person's driving
privileges for at least two (2) years but not more than five (5) years.
(f) If the conviction under consideration by the court is for an
offense involving the use of a controlled substance listed in schedule
I, II, III, IV, or V of IC 35-48-2, in which a vehicle was used in the
offense, the court shall recommend the suspension or revocation of the
person's driving privileges for at least six (6) months.
(g) If a person is granted probationary driving privileges under
subsection (b), (c), or (d) subject to the condition that the person
may not operate a motor vehicle unless the motor vehicle is
equipped with a functioning certified ignition interlock device, the
person shall pay all costs associated with the installation of an
ignition interlock device in the person's motor vehicle unless the
sentencing court determines that the person is indigent.
person shall pay the cost of installation unless the sentencing court
determines that the person is indigent.
(b) If the court orders installation of a certified ignition interlock
device under IC 9-30-5-10(d), IC 9-30-5-10, the installation must
remain in effect for a period of six (6) months.
