Ind. Code » Title 9
Indiana Code

Ind. Code § 9-30-16-3 (2026)

Stay of suspension; specialized driving privileges; operation of vehicle requiring commercial driver's license prohibited

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     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.

 

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2015–2024 · leading case: State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018).
Sort: Relevance Newest Treatment
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018). · cites it 12× “But for court-ordered license suspensions, Indiana Code section 9-30-16-3 (Section 3) requires the suspended driver to petition "each court that has ordered or imposed a suspension of the individual's driving privileges.”
Brent Orange v. Indiana Bureau of Motor Vehs., 92 N.E.3d 1152 (Ind. Ct. App. 2018). · cites it 20× “2 The corresponding language in the current statute requires the prosecuting attorney to "appear on behalf of the bureau to respond to a petition," Ind. Code § 9-30-16-3 (b), but does not include language the appearance must be made in person as was required by Indiana Code…”
Prosecuting Attorney of Hendricks Cnty. & Indiana Bureau of Motor Vehs. v. Randy L. Hammer (mem. dec.), 92 N.E.3d 649 (Ind. Ct. App. 2017). · cites it 9× “" Ind. Code § 9-30-16-3 . But if the suspension is administratively imposed by the BMV, the petition must be filed "in the county in which the individual resides.”
George D. Jones v. State of Indiana, 62 N.E.3d 1205 (Ind. Ct. App. 2016). · cites it 6× “His petition is more aptly considered under I.C. § 9-30-16-3, a similar provision that addresses petitions for specialized driving privileges for suspensions ordered by a court.”
Indiana Bureau of Motor Vehs. v. Jennifer M. Gurtner, 27 N.E.3d 306 (Ind. Ct. App. 2015). · cites it 2× “” See Ind.Code § 9-30-16-3. 4 . We find Gurtner's citation to State v.”
Richard Scott Lambert v. Michael Shipman & Kent Abernathy, 53 N.E.3d 1198 (Ind. Ct. App. 2016). · cites it 4× “1 does not include language similar to I.C. § 9-30-16-3 5 that specifically affords a trial court discretion to stay a suspension and grant a specialized driving privilege.”
Indiana Bureau of Motor Vehs. & the Marion Cnty. Prosecutor's Off. v. Dezie McClung (Ind. Ct. App. 2019). · cites it 18× “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Jeremy R. Sims v. Indiana Bureau of Motor Vehs. (mem. dec.) (Ind. Ct. App. 2020). · cites it 18× “2 , effective July 1, 2020, has since amended I.C. § 9-30-16-3. Subsection (c) now allows for SDP to be granted “for a period of time as determined by the court” and no longer imposes a two- and-one-half-year durational limit on specialized driving privileges.”
State of Indiana & the Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 93 N.E.3d 801 (Ind. Ct. App. 2018). · cites it 4× “The trial court erroneously concluded otherwise.”
Jason R. Cozmanoff v. State of Indiana (Ind. Ct. App. 2019). · cites it 10× “[3] On May 1, 2019, Cozmanoff filed a verified petition for specialized driving privileges citing Ind. Code § 9-30-16-3 . 3 On May 17, 2019, Cozmanoff filed an amended petition for specialized driving privileges citing Ind.”
Indiana Bureau of Motor Vehs. v. Prescott D. Craig (Ind. Ct. App. 2024). · cites it 5× “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Ind. Code § 9-30-16-3(a): 2 cases
Richard Scott Lambert v. Michael Shipman & Kent Abernathy, 53 N.E.3d 1198 (Ind. Ct. App. 2016). “1 does not include language similar to I.C. § 9-30-16-3 5 that specifically affords a trial court discretion to stay a suspension and grant a specialized driving privilege.”
Indiana Bureau of Motor Vehs. & the Marion Cnty. Prosecutor's Off. v. Dezie McClung (Ind. Ct. App. 2019). “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Ind. Code § 9-30-16-3(b): 3 cases
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018). “But for court-ordered license suspensions, Indiana Code section 9-30-16-3 (Section 3) requires the suspended driver to petition "each court that has ordered or imposed a suspension of the individual's driving privileges.”
Brent Orange v. Indiana Bureau of Motor Vehs., 92 N.E.3d 1152 (Ind. Ct. App. 2018). “2 The corresponding language in the current statute requires the prosecuting attorney to "appear on behalf of the bureau to respond to a petition," Ind. Code § 9-30-16-3 (b), but does not include language the appearance must be made in person as was required by Indiana Code…”
Jeremy R. Sims v. Indiana Bureau of Motor Vehs. (mem. dec.) (Ind. Ct. App. 2020). “2 , effective July 1, 2020, has since amended I.C. § 9-30-16-3. Subsection (c) now allows for SDP to be granted “for a period of time as determined by the court” and no longer imposes a two- and-one-half-year durational limit on specialized driving privileges.”
Ind. Code § 9-30-16-3(b)(5): 1 case
Jeremy R. Sims v. Indiana Bureau of Motor Vehs. (mem. dec.) (Ind. Ct. App. 2020). “2 , effective July 1, 2020, has since amended I.C. § 9-30-16-3. Subsection (c) now allows for SDP to be granted “for a period of time as determined by the court” and no longer imposes a two- and-one-half-year durational limit on specialized driving privileges.”
Ind. Code § 9-30-16-3(c): 3 cases
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018). “But for court-ordered license suspensions, Indiana Code section 9-30-16-3 (Section 3) requires the suspended driver to petition "each court that has ordered or imposed a suspension of the individual's driving privileges.”
Indiana Bureau of Motor Vehs. & the Marion Cnty. Prosecutor's Off. v. Dezie McClung (Ind. Ct. App. 2019). “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Jeremy R. Sims v. Indiana Bureau of Motor Vehs. (mem. dec.) (Ind. Ct. App. 2020). “2 , effective July 1, 2020, has since amended I.C. § 9-30-16-3. Subsection (c) now allows for SDP to be granted “for a period of time as determined by the court” and no longer imposes a two- and-one-half-year durational limit on specialized driving privileges.”
Ind. Code § 9-30-16-3(d): 2 cases
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018). “But for court-ordered license suspensions, Indiana Code section 9-30-16-3 (Section 3) requires the suspended driver to petition "each court that has ordered or imposed a suspension of the individual's driving privileges.”
Indiana Bureau of Motor Vehs. & the Marion Cnty. Prosecutor's Off. v. Dezie McClung (Ind. Ct. App. 2019). “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Ind. Code § 9-30-16-3(f): 1 case
Indiana Bureau of Motor Vehs. v. Prescott D. Craig (Ind. Ct. App. 2024). “I.C. §§ 9-30-16-3, -4. But no matter the source of the underlying suspension, when they are granted, specialized driving privileges provide relief to suspended drivers by allowing them to drive for limited purposes and under certain conditions that are set at the trial court’s…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.