Sec. 11. (a) Notwithstanding any other provision of this chapter, IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind an ignition interlock device requirement or reinstate the driving privileges of a person if:
(1) all of the charges under IC 9-30-5 have been dismissed and the prosecuting attorney states on the record that no charges will be refiled against the person;
(2) the court finds the allegations in a petition filed by a defendant under section 18 of this chapter are true; or
(3) the person:
(A) did not refuse to submit to a chemical test offered as a result of a law enforcement officer having probable cause to believe the person committed the offense charged; and
(B) has been found not guilty of all charges by a court or by a jury.
(b) The court's order must contain findings of fact establishing that the requirements for reinstatement described in subsection (a) have been met.
(c) A person whose driving privileges are reinstated under this section is not required to pay a reinstatement fee.
[Pre-1991 Recodification Citation: 9-11-4-11.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.
Structure Indiana Code
Article 30. General Penalty Provisions
Chapter 6. Implied Consent; Administrative and Evidentiary Matters
9-30-6-1. Chemical Test for Intoxication; Implied Consent
9-30-6-2. Probable Cause; Offer of Test; Alternative Tests; Requirement to Submit
9-30-6-3. Arrest; Probable Cause; Evidence of Intoxication; Refusal to Submit to Test; Admissibility
9-30-6-4.3. Seized Vehicles; Registration of Certain Vehicles Prohibited
9-30-6-8. Probable Cause; Suspension of Driving Privileges; Ignition Interlock Device; Violation
9-30-6-8.5. Ignition Interlock Device; Notice
9-30-6-9. Suspension of Driving Privileges; Duties of Bureau
9-30-6-12. Suspended Driving Privileges; Proof of Future Financial Responsibility
9-30-6-13.5. Removal of Suspension From Record
9-30-6-14. Certified Copies of Driving and Court Records as Prima Facie Evidence
9-30-6-15. Evidence of Blood Alcohol Content Shown by Chemical Tests Admissible
9-30-6-16. Bureau Certificate; Form and Contents