Daviess County - Indiana Criminal Code 2022

92

TRAFFIC CODE

for the first prior unrelated vehicular sub stance offense conviction; (2) the offense for which the state seeks to have the person sentenced as a habitual vehicular substance offender was com mitted after commission of and sentencing for the second prior unrelated vehicular substance offense conviction; and (3) for a conviction requiring proof of three (3) prior unrelated vehicular sub stance offense felonies, the third prior unrelated vehicular substance offense con viction was committed after commission of and sentencing for the second prior unre lated vehicular substance offense convic tion. However, a conviction does not count for purposes of subsection (a) if it has been set aside or it is a conviction for which the person has been par doned. (c) 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 three (3) or more prior unrelated vehicular substance offense convictions at any time or two (2) prior unrelated vehicular substance offense convic tions, with at least one (1) of the prior unrelated vehicular substance offense convictions occur ring within ten (10) years of the date of the occur rence of the current offense. (d) 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. (e) Charges filed under this section must be filed in a circuit court or superior court. 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.

9-30-16-3.5. Specialized driving privileges, workzone suspension. 9-30-16-4. Petition for specialized driving privileges. 9-30-16-4.5. Registration suspension. 9-30-16-5. Violation of specialized driving privileges; penalties. 9-30-16-6. Credit time, refusals. 9-30-16-6.5. Termination of suspension. 9-30-16-1. Eligibility for specialized driving privileges; suspension of driving privileges. (a) Except as provided in subsection (b), the following are ineligible for a specialized driving privileges under this chapter: (1) A person who has never been an Indiana resident. (2) A person seeking specialized driving privileges with respect to a suspension based on the person’s refusal to submit to a chemical test offered under IC 9-30-6 or IC 9-30-7. However, a court may grant this person driving privileges under IC9-30-6 8(d). (3) Aperson whose driving privileges have been suspended or revoked under IC 9-24 10-7(b)(2)(A). (4) Aperson whose driving privileges have been suspended under IC 9-21-8-52(e) or IC 9-21-12-1(b). (b) This chapter applies to the following: (1) A person who held a driver’s license (issued under IC 9-24-3), a commercial driver’s, a public passenger chauffeur’s, or a chauffeur’s license at the time of: (A) the criminal conviction for which the operation of a motor vehicle is an element of the offense, (B) any criminal conviction for an offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal); or (C) committing the infraction of exceeding a worksite speed limit for the second time in one (1) year under IC 9 21-5-11(f). (2) A person who: (A) has never held a valid Indiana dri ver’s license or does not currently hold a valid Indiana learner’s permit; and

9-30-16-3.

Stay of suspension; granting specialized driving privileges.