Ind. Code ch. 9-30-16

in effect

Ind. Code § 9-30-16-1 Applicability; suspension of driving privileges

Sec. 1. (a) Except as provided in subsection (b), the following are ineligible for 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 IC 9-30-6-8(d). (3) A person whose driving privileges have been suspended or revoked under IC 9-24-10-7(b)(2)(A). (4) A person 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), or 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 (before its repeal), 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 driver's license or does not currently hold a valid Indiana learner's permit; and (B) was an Indiana resident when the driving privileges for which the person is seeking specialized driving privileges were suspended. (c) Except as specifically provided in this chapter, a court may suspend the driving privileges of a person convicted of any of the following offenses for a period up to the maximum allowable period of incarceration under the penalty for the offense: (1) Any criminal conviction in which the operation of a motor vehicle is an element of the offense. (2) Any criminal conviction for an offense under IC 9-30-5, IC 35-46-9 (before its repeal), or IC 14-15-8 (before its repeal). (3) Any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1 that involves the use of a vehicle. (d) Except as provided in section 3.5 of this chapter, 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 criminal conduct shall be served concurrently. A court may grant credit time for any suspension that began before the conviction, except as prohibited by section 6(a) of this chapter. (e) If a person has had an ignition interlock device installed as a condition of specialized driving privileges or under IC 9-30-6-8(d), the period of the installation shall be credited as part of the suspension of driving privileges. (f) This subsection applies to a person described in subsection (b)(2). A court shall, as a condition of granting specialized driving privileges to the person, require the person to apply for and obtain an Indiana driver's license. (g) If a person indicates to the court at an initial hearing (as described in IC 35-33-7) that the person intends to file a petition for a specialized driving privileges hearing with that court under section 3 or 4 of this chapter, the following apply: (1) The court shall: (A) stay the suspension of the person's driving privileges at the initial hearing and shall not submit the probable cause affidavit related to the person's offense to the bureau; and (B) set the matter for a specialized driving privileges hearing not later than thirty (30) days after the initial hearing. (2) If the person does not file a petition for a specialized driving privileges hearing not later than ten (10) days after the date of the initial hearing, the court shall lift the stay of the suspension of the person's driving privileges and shall submit the probable cause affidavit related to the person's offense to the bureau for automatic suspension. (3) If the person files a petition for a specialized driving privileges hearing not later than ten (10) days after the initial hearing, the stay of the suspension of the person's driving privileges continues until the matter is heard and a determination is made by the court at the specialized driving privileges hearing. (4) If the specialized driving privileges hearing is continued due to: (A) a congestion of the court calendar; (B) the prosecuting attorney's motion for a continuance; or (C) the person's motion for a continuance with no objection by the prosecuting attorney; the stay of the suspension of the person's driving privileges continues until addressed at the next hearing. (5) If the person moves for a continuance of the specialized driving privileges hearing and the court grants the continuance over the prosecuting attorney's objection, the court shall lift the stay of the suspension of the person's driving privileges and shall submit the probable cause affidavit related to the person's offense to the bureau for automatic suspension. Nothing in this subsection prevents an otherwise eligible individual from applying for a specialized driving privilege after the initial hearing. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.122; P.L.41-2016, SEC.3; P.L.198-2016, SEC.607; P.L.256-2017, SEC.181; P.L.46-2018, SEC.2; P.L.144-2019, SEC.12; P.L.110-2020, SEC.6; P.L.111-2021, SEC.90; P.L.158-2026, SEC.12.

Ind. Code § 9-30-16-2 Offenses involving serious bodily injury of another person and operation of a motor vehicle; offenses involving death of another person and operation of a motor vehicle; suspension of driving privileges

Sec. 2. (a) The court shall order that the driving privileges of a person are suspended for a period of at least one (1) year for a person convicted of the following: (1) An offense that includes the element of causing or resulting in serious bodily injury while operating a motor vehicle. (2) An offense under IC 9-30-5 that includes the element of causing or resulting in serious bodily injury. (3) An offense under IC 9-30-5 when the person has a prior conviction for an offense under IC 9-30-5. (b) A person whose driving privileges are suspended under subsection (a) is eligible for specialized driving privileges under section 3 of this chapter. (c) If a person is convicted of an offense that includes the element of causing the death of another person and the offense involved the operation of a motor vehicle or was an offense under IC 9-30-5, 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. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.123; P.L.256-2017, SEC.182.

Ind. Code § 9-30-16-3 Stay of suspension; specialized driving privileges; operation of vehicle requiring commercial driver's license prohibited

Sec. 3. (a) This section does not apply to specialized driving privileges granted in accordance with section 3.5 of this chapter. If a court orders a suspension of driving privileges under this chapter, or imposes a suspension of driving privileges under IC 9-30-6-9(c), the court may stay the suspension and grant a specialized driving privilege as set forth in this section. (b) An individual who seeks specialized driving privileges must file a petition for specialized driving privileges in each court that has ordered or imposed a suspension of the individual's driving privileges. Each petition 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 court case that resulted in the order of suspension; and (5) be served on the bureau and the prosecuting attorney. A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this subsection. (c) Except as provided in subsection (h), regardless of the underlying offense, specialized driving privileges granted under this section shall be granted for a period of time as determined by the court. A court, at its discretion, may set periodic review hearings to review an individual's specialized driving privileges. (d) The terms of specialized driving privileges must be determined by a court. (e) A stay of a suspension and specialized driving privileges may not be granted to an individual who: (1) has previously been granted specialized driving privileges; and (2) has more than one (1) conviction under section 5 of this chapter. (f) An individual 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 specialized driving privileges or have the order in the vehicle being operated by the individual; (3) produce the copy of the order granting specialized driving privileges upon the request of a police officer; and (4) carry a validly issued state identification card or driver's license. (g) An individual who holds a commercial driver's license and has been granted specialized driving privileges under this chapter may not, for the duration of the suspension for which the specialized driving privileges are sought, operate any vehicle that requires the individual to hold a commercial driver's license to operate the vehicle. (h) Whenever a suspension of an individual's driving privileges under this chapter is terminated because: (1) the underlying conviction, judgment, or finding that forms the basis of the suspension is reversed, vacated, or dismissed; or (2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension; the individual's specialized driving privileges expire at the time the suspension of the individual's driving privileges is terminated. (i) The court shall inform the bureau of a termination of a suspension and expiration of specialized driving privileges as described under subsection (h) in a format designated by the bureau. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.124; P.L.41-2016, SEC.4; P.L.198-2016, SEC.608; P.L.120-2017, SEC.6; P.L.46-2018, SEC.3; P.L.161-2018, SEC.20; P.L.29-2020, SEC.2.

Ind. Code § 9-30-16-3.5 Temporary or worksite speed limit violations; specialized driving privileges; expiration and termination of specialized driving privileges

Sec. 3.5. (a) If a court imposes a suspension of driving privileges under IC 9-21-5-11(f), the court may stay the suspension and grant a specialized driving privilege as set forth in this section. (b) Except as provided in subsection (g), specialized driving privileges granted under this section shall be granted for a period of time as determined by the court. A court, at its discretion, may set periodic review hearings to review an individual's specialized driving privileges. (c) Specialized driving privileges granted under this section: (1) must be determined by a court; and (2) are limited to restricting the individual to being allowed to operate a motor vehicle between the place of employment of the individual and the individual's residence. (d) An individual who has been granted specialized driving privileges under this section shall: (1) maintain proof of future financial responsibility insurance during the period of specialized driving privileges; (2) carry a copy of the order granting specialized driving privileges or have the order in the vehicle being operated by the individual; (3) produce the copy of the order granting specialized driving privileges upon the request of a police officer; and (4) carry a validly issued driver's license. (e) An individual who holds a commercial driver's license and has been granted specialized driving privileges under this chapter may not, for the duration of the suspension for which the specialized driving privileges are sought, operate a motor vehicle that requires the individual to hold a commercial driver's license to operate the motor vehicle. (f) An individual who seeks specialized driving privileges must file a petition for specialized driving privileges in each court that has ordered or imposed a suspension of the individual's driving privileges. Each petition 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 court that ordered or imposed the suspension; and (5) be served on the bureau and the prosecuting attorney. A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this subsection. (g) Whenever a suspension of an individual's driving privileges under this chapter is terminated because: (1) the underlying conviction, judgment, or finding that forms the basis of the suspension is reversed, vacated, or dismissed; or (2) the individual is acquitted of, found not liable for, or otherwise found not to have committed the underlying act or offense that forms the basis of the suspension; the individual's specialized driving privileges expire at the time the suspension of the individual's driving privileges is terminated. (h) The court shall inform the bureau of a termination of a suspension of driving privileges and expiration of specialized driving privileges as described under subsection (g) in a format designated by the bureau. As added by P.L.41-2016, SEC.5. Amended by P.L.85-2017, SEC.41; P.L.46-2018, SEC.4; P.L.29-2020, SEC.3.

Ind. Code § 9-30-16-4 Petition for specialized driving privileges

Sec. 4. (a) An individual whose driving privileges have been suspended by the bureau by an administrative action and not by a court order may petition a court for specialized driving privileges as described in section 3(b) through 3(d) of this chapter. (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 appropriate county, as determined under subsection (d); (5) be filed in a circuit or superior court; and (6) be served on the bureau and the prosecuting attorney. (c) A prosecuting attorney shall appear on behalf of the bureau to respond to a petition filed under this section. (d) An individual whose driving privileges are suspended in Indiana may file a petition for specialized driving privileges. The petition must be filed as follows: (1) Except as provided in subdivision (2), if the individual is an Indiana resident, in the county in which the individual resides. (2) If the individual is an Indiana resident and is subject to an active administrative suspension under this section in addition to an active court ordered suspension under section 3 or 3.5 of this chapter, in the court that has ordered or imposed a suspension of the individual's driving privileges. (3) If the individual was an Indiana resident at the time the individual's driving privileges were suspended but is currently a nonresident, in the county in which the individual's most recent Indiana moving violation judgment was entered against the individual. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.125; P.L.198-2016, SEC.609; P.L.118-2022, SEC.31.

Ind. Code § 9-30-16-4.5 Lifting of suspension of registration as condition of specialized driving privileges

Sec. 4.5. (a) This section applies to a person: (1) whose driving privileges were suspended under IC 9-25-6-3(d); and (2) to whom a court grants specialized driving privileges under section 3 or 4 of this chapter with respect to the suspended driving privileges. (b) The court may, as a condition of the specialized driving privileges, lift the suspension of the person's motor vehicle registration that was imposed in conjunction with the suspension of the person's driving privileges. As added by P.L.188-2015, SEC.126. Amended by P.L.86-2021, SEC.15.

Ind. Code § 9-30-16-5 Violation of condition; modification or revocation of specialized driving privileges

Sec. 5. (a) A person who knowingly or intentionally violates a condition imposed by a court under section 3, 3.5, or 4 of this chapter, or imposed under IC 9-30-10-14.2, commits a Class C misdemeanor. The prosecuting attorney may notify the court that issued the specialized driving privileges order of the alleged violation. If the specialized driving privileges order is from a different county, the prosecuting attorney may also notify the prosecuting attorney in that county of the violation. (b) For a person convicted of an offense under subsection (a), the court that issued the specialized driving privileges order that was violated may modify or revoke specialized driving privileges. The court that issued the specialized driving privileges order that was violated may order the bureau to lift the stay of a suspension of driving privileges and suspend the person's driving license as originally ordered in addition to any additional suspension. As added by P.L.217-2014, SEC.154. Amended by P.L.188-2015, SEC.127; P.L.41-2016, SEC.6; P.L.198-2016, SEC.610; P.L.161-2018, SEC.21; P.L.10-2019, SEC.47.

Ind. Code § 9-30-16-6 Credit time while driving privileges are suspended; consecutive suspensions

Sec. 6. (a) A person whose driving privileges are suspended under section 1(c) of this chapter: (1) is entitled to credit for any days during which the license was suspended under IC 9-30-6-9(c); and (2) may not receive any credit for days during which the person's driving privileges were suspended under IC 9-30-6-9(b). (b) A period of suspension of driving privileges imposed under section 1(c) of this chapter must be consecutive to any period of suspension imposed under IC 9-30-6-9(b). However, if the state and defendant agree pursuant to a term in an accepted plea agreement, or if the court finds at sentencing that it is in the best interest of society, the court shall terminate all or any part of the remaining suspension under IC 9-30-6-9(b) and shall enter this finding in its sentencing order. (c) The bureau shall designate a period of suspension of driving privileges imposed under section 1(c) of this chapter as consecutive to any period of suspension imposed under IC 9-30-6-9(b) unless the sentencing order of the court under subsection (b) terminates all or part of the remaining suspension under IC 9-30-6-9(b). As added by P.L.188-2015, SEC.128. Amended by P.L.110-2020, SEC.7.

Ind. Code § 9-30-16-6.5 Termination of suspension if dismissal, acquittal, or reversal

Sec. 6.5. A court and the bureau, if applicable, shall terminate all or any part of the remaining suspension of a person's license suspension under section 1(c) of this chapter or under IC 9-30-6-9 if: (1) the charges against the person are dismissed; (2) the person is acquitted; or (3) the person's conviction is vacated or reversed on appeal. As added by P.L.110-2020, SEC.8.

Ind. Code § 9-30-16-7 Specialized driving privileges charge

Sec. 7. If the bureau issues a driver's license to an individual who has been issued specialized driving privileges, the individual shall pay a specialized driving privileges charge of ten dollars ($10). The charge is in addition to any applicable fees under IC 9-24 and shall be deposited in the commission fund. [Pre-2016 Revision Citation: 9-29-9-14.] As added by P.L.198-2016, SEC.611.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026