DUI/DWI - Driving Under License Suspension In Indiana
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Indiana DUI - Penalties - Driving While License
Suspended
State Statutes
(Indiana Code 9-24-19) Chapter 19. Penalty Provisions for Operating a
Motor Vehicle With Suspended or Revoked Driving Privileges, Licenses,
or Permits
(Indiana Code 9-24-19-1) Class A infraction - Sec. 1. Except as provided
in sections 2, 3, and 5 of this chapter, a person who operates a motor
vehicle upon a highway while the person's driving privilege, license, or
permit is suspended or revoked commits a Class A infraction.
(Indiana Code 9-24-19-2) Class A misdemeanor; commission within
ten years of prior similar infraction - Sec. 2. A person who operates a
motor vehicle upon a highway when the person knows that the person's
driving privilege, license, or permit is suspended or revoked, when less
than ten (10) years have elapsed between:
(1) the date a judgment was entered against the person for a prior
unrelated violation of section 1 of this chapter, this section, IC 9-1-4-52
(repealed July 1, 1991), or IC 9-24-18-5(a) (repealed July 1, 2000); and
(2) the date the violation described in subdivision (1) was
committed; commits a Class A misdemeanor.
(Indiana Code 9-24-19-3) Class A misdemeanor; commission while
under suspension or revocation for offense - Sec. 3. A person who
operates a motor vehicle upon a highway when the person knows that
the person's driving privilege, license, or permit is suspended or
revoked, when the person's suspension or revocation was a result of
the person's conviction of an offense (as defined in IC 35-41-1-19)
commits a Class A misdemeanor.
(Indiana Code 9-24-19-4) Class D or Class C felony; causing bodily
injury or death - Sec. 4. (a) A person who violates section 3 of this
chapter commits a Class D felony if the operation results in bodily injury
or serious bodily injury. (b) A person who violates section 3 of this
chapter commits a Class C felony if the operation results in the death of
another person.
(Indiana Code 9-24-19-5) Recommendation of additional suspension -
Sec. 5. (a) In addition to any other penalty imposed for a conviction under
this chapter, the court shall recommend that the person's driving
privileges be suspended for a fixed period of not less than ninety (90)
days and not more than two (2) years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins; whenever the
court makes a recommendation under subsection (a).
(Indiana Code 9-24-19-6) Extension of suspension by bureau - Sec. 6.
The bureau shall, upon receiving a record of conviction of a person upon
a charge of driving a vehicle while the person's driving privilege, permit,
or license was suspended, extend the period of suspension for a fixed
period of not less than ninety (90) days and not more than two (2) years.
The bureau shall fix this period in accordance with the recommendation
of the court that entered the conviction, as provided in section 5 of this
chapter.
(Indiana Code 9-24-19-7) Burden of proof of issuance of license or
permit - Sec. 7. In a prosecution under this chapter, the burden is on the
defendant to prove by a preponderance of the evidence that the
defendant had been issued a driving license or permit that was valid at
the time of the alleged offense.
(Indiana Code 9-24-19-8) Rebuttable presumption of knowledge of
suspension - Sec. 8. Service by the bureau of motor vehicles of a notice
of an order or an order suspending or revoking a person's driving
privileges by mailing the notice or order by first class mail to the
defendant under this chapter at the last address shown for the
defendant in the records of the bureau of motor vehicles establishes a
rebuttable presumption that the defendant knows that the person's
driving privileges are suspended.
State laws are constantly changing. Please contact an attorney or
conduct your own legal research to verify the state law(s) you are
researching.
Suspended
State Statutes
(Indiana Code 9-24-19) Chapter 19. Penalty Provisions for Operating a
Motor Vehicle With Suspended or Revoked Driving Privileges, Licenses,
or Permits
(Indiana Code 9-24-19-1) Class A infraction - Sec. 1. Except as provided
in sections 2, 3, and 5 of this chapter, a person who operates a motor
vehicle upon a highway while the person's driving privilege, license, or
permit is suspended or revoked commits a Class A infraction.
(Indiana Code 9-24-19-2) Class A misdemeanor; commission within
ten years of prior similar infraction - Sec. 2. A person who operates a
motor vehicle upon a highway when the person knows that the person's
driving privilege, license, or permit is suspended or revoked, when less
than ten (10) years have elapsed between:
(1) the date a judgment was entered against the person for a prior
unrelated violation of section 1 of this chapter, this section, IC 9-1-4-52
(repealed July 1, 1991), or IC 9-24-18-5(a) (repealed July 1, 2000); and
(2) the date the violation described in subdivision (1) was
committed; commits a Class A misdemeanor.
(Indiana Code 9-24-19-3) Class A misdemeanor; commission while
under suspension or revocation for offense - Sec. 3. A person who
operates a motor vehicle upon a highway when the person knows that
the person's driving privilege, license, or permit is suspended or
revoked, when the person's suspension or revocation was a result of
the person's conviction of an offense (as defined in IC 35-41-1-19)
commits a Class A misdemeanor.
(Indiana Code 9-24-19-4) Class D or Class C felony; causing bodily
injury or death - Sec. 4. (a) A person who violates section 3 of this
chapter commits a Class D felony if the operation results in bodily injury
or serious bodily injury. (b) A person who violates section 3 of this
chapter commits a Class C felony if the operation results in the death of
another person.
(Indiana Code 9-24-19-5) Recommendation of additional suspension -
Sec. 5. (a) In addition to any other penalty imposed for a conviction under
this chapter, the court shall recommend that the person's driving
privileges be suspended for a fixed period of not less than ninety (90)
days and not more than two (2) years.
(b) The court shall specify:
(1) the length of the fixed period of suspension; and
(2) the date the fixed period of suspension begins; whenever the
court makes a recommendation under subsection (a).
(Indiana Code 9-24-19-6) Extension of suspension by bureau - Sec. 6.
The bureau shall, upon receiving a record of conviction of a person upon
a charge of driving a vehicle while the person's driving privilege, permit,
or license was suspended, extend the period of suspension for a fixed
period of not less than ninety (90) days and not more than two (2) years.
The bureau shall fix this period in accordance with the recommendation
of the court that entered the conviction, as provided in section 5 of this
chapter.
(Indiana Code 9-24-19-7) Burden of proof of issuance of license or
permit - Sec. 7. In a prosecution under this chapter, the burden is on the
defendant to prove by a preponderance of the evidence that the
defendant had been issued a driving license or permit that was valid at
the time of the alleged offense.
(Indiana Code 9-24-19-8) Rebuttable presumption of knowledge of
suspension - Sec. 8. Service by the bureau of motor vehicles of a notice
of an order or an order suspending or revoking a person's driving
privileges by mailing the notice or order by first class mail to the
defendant under this chapter at the last address shown for the
defendant in the records of the bureau of motor vehicles establishes a
rebuttable presumption that the defendant knows that the person's
driving privileges are suspended.
State laws are constantly changing. Please contact an attorney or
conduct your own legal research to verify the state law(s) you are
researching.
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