Section 9-30-10-14.2 - Petition filed after June 30, 2016; burden of proof; order rescinding suspension order or granting driving privileges; terms and conditions(a) Upon receiving a petition filed after June 30, 2016, under section 14.1 of this chapter, a court shall set a date for hearing the matter and direct the clerk of the court to provide notice of the hearing date to the following parties:(2) The prosecuting attorney of the county where the petitioner resides.(b) At a hearing described in subsection (a), the petitioner must prove the following by a preponderance of the evidence: (1) The petitioner has no prior convictions for a violation described in section 4(a) of this chapter.(2) The petitioner no longer presents a safety risk to others while operating a motor vehicle.(3) The ongoing suspension of the petitioner's driving privileges is unreasonable.(4) The reinstatement of the petitioner's driving privileges serves the best interests of society.(5) If the petitioner is seeking reinstatement under section 14.1(b) of this chapter, at least ten (10) years have elapsed since the suspension of the petitioner's driving privileges.(6) If the petitioner is seeking reinstatement under section 14.1(f) of this chapter, at least three (3) years have elapsed since the suspension of the petitioner's driving privileges.(c) If the court finds that a petitioner meets all applicable requirements in subsection (b), the court may do the following:(1) Rescind the order requiring the suspension of the petitioner's driving privileges.(2) Grant driving privileges:(A) for a specified period; and(B) subject to conditions under subsection (d).(d) In an order issued under subsection (c)(2), the court may impose one (1) or more of the following conditions on the petitioner's driving privileges:(1) Specified hours during which the petitioner may operate a motor vehicle.(2) An order prohibiting the petitioner from operating a motor vehicle:(A) with an alcohol concentration equivalent to at least two hundredths (0.02) of a gram of alcohol per:(i) one hundred (100) milliliters of the person's blood; or(ii) two hundred ten (210) liters of the person's breath; or(B) while intoxicated (as defined under IC 9-13-2-86).(3) Electronic monitoring to determine the petitioner's compliance with subdivision (2).(4) Use of a vehicle equipped with an ignition interlock device.(5) Submission to a chemical breath test as part of a lawful traffic stop conducted by a law enforcement officer.(6) Use of an electronic monitoring device that detects and records the petitioner's use of alcohol. The court shall specify, in the order, the conditions under which the petitioner may be issued driving privileges to operate a motor vehicle.
(e) An individual who has been granted driving privileges under subsection (c)(2) shall:(1) carry a copy of the order granting driving privileges or have the order in the vehicle being operated by the individual; and(2) produce the copy of the order granting driving privileges upon the request of a police officer.(f) After the fulfillment of any imposed conditions specified by the court under subsection (d) and upon notice from the court, the bureau shall terminate the petitioner's lifetime suspension.(g) If the bureau receives a judicial order granting rescission of a suspension order under subsection (c) for an individual who, according to the records of the bureau, does not qualify for the rescission of a suspension order, the bureau shall do the following:(1) Process the judicial order and notify the prosecuting attorney of the county from which the order was received that the individual is not eligible for the rescission of the suspension order and reinstatement of driving privileges.(2) Send a certified copy of the individual's driving record to the prosecuting attorney described in subdivision (1). Upon receiving a certified copy under subdivision (2), the prosecuting attorney shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order. If the bureau does not receive a corrected order within sixty (60) days of sending the petitioner's driving record to the prosecuting attorney described in subdivision (1), the bureau shall notify the attorney general, who shall, in accordance with IC 35-38-1-15, petition the court to correct the court's order within sixty (60) days of receiving notice from the bureau.
(h) An order reinstating a petitioner's driving privileges is a final order that may be appealed by any party to the action.Amended by P.L. 178-2019,SEC. 62, eff. 1/1/2020.Added by P.L. 198-2016, SEC. 603, eff. 7/1/2016.