Indiana Code

Ind. Code § 9-30-6-9 (2025)

Suspension of driving privileges; duties of bureau

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 9. (a) This section does not apply if an ignition interlock device order is issued under section 8(d) of this chapter.

     (b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person:

(1) for:

(A) one (1) year; or

(B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or

(2) until the suspension is ordered terminated under IC 9-30-5.

     (c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person:

(1) for one hundred eighty (180) days; or

(2) until the bureau is notified by a court that the charges have been disposed of;

whichever occurs first.

     (d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following:

(1) Mail notice to the person's address contained in the records of the bureau, or send the notice electronically if the person has indicated a preference for receiving notices from the bureau electronically, stating that the person's driving privileges will be suspended for a specified period, commencing:

(A) seven (7) days after the date of the notice; or

(B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter;

whichever occurs first.

(2) Notify the person of the right to a judicial review under section 10 of this chapter.

[Pre-1991 Recodification Citation: 9-11-4-9.]

As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12; P.L.153-2005, SEC.4; P.L.94-2006, SEC.8; P.L.125-2012, SEC.345; P.L.85-2013, SEC.96; P.L.149-2015, SEC.104; P.L.188-2015, SEC.111; P.L.141-2024, SEC.47.

 

Notes of Decisions
Cited in 21 cases, 1994–2020 · leading case: Kristy Burnell v. State of Indiana, 56 N.E.3d 1146 (Ind. 2016).
Kristy Burnell v. State of Indiana, 56 N.E.3d 1146 (Ind. 2016). · cites it 4× “evidence presented did not establish as a matter of law that [Burnell] refused to submit to the chemical test under Ind. Code § 9-30-6-9 (b).” Id. at 780 . Having previously granted transfer we also affirm the trial court’s judgment but on grounds different from those expressed…”
State of Indiana & Indiana Bureau of Motor Vehs. v. Nicholas Hargrave, 51 N.E.3d 255 (Ind. Ct. App. 2016). · cites it 10× “In addition, because Har-grave’s driving privileges were suspended under Indiana Code section 9-30-6-9, Hargrave is required to file proof of financial responsibility for three years following the termination of his suspension under Indiana Code section 9-30-6-12, and the trial…”
Indiana Bureau of Motor Vehs. v. Charles, 919 N.E.2d 114 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 9-30-6-9. On January 9, 2009, she filed a verified petition for a hardship driver's license pursuant to Indiana Code Sections 9-24-15-2 and -8.”
Brown v. State, 774 N.E.2d 1001 (Ind. Ct. App. 2002). · cites it 2× “Ind.Code § 9-30-6-9(a)(l). 5 We do not derive from the implied consent law a legislative intent to preclude a law enforcement officer generally from determining a driver’s blood alcohol content, or specifically from obtaining judicial authorization in the form of a search…”
Silverman v. Fifer, 837 N.E.2d 186 (Ind. Ct. App. 2005). · cites it 4× “Citing I.C. § 9-30-6-9 and I.C. § 9-30-5-10, the trial court granted the petition.”
Keyaunna Hurley v. State of Indiana, 75 N.E.3d 1074 (Ind. 2017). · cites it 2× “§ 9-30-6-9(b)(l) (2015 Supp.). A person whose driving privileges were suspended is entitled to prompt judicial review, id § 9-30-6-9(d) (2015 Supp.”
Ham v. State, 810 N.E.2d 1150 (Ind. Ct. App. 2004). · cites it 3× “§ 9-30-6-7; I.C. § 9-30-6-9. The defendant is not advised, however, that the fact finder will be permitted to infer that a state of intoxication can be premised on the decision to decline a breath test.”
Kristy Burnell v. State of Indiana, 44 N.E.3d 771 (Ind. Ct. App. 2015). · cites it 4× “2d at 42 (emphasis added), and that accordingly the evidence presented did not establish as a matter of law that she refused to submit to the chemical test under Ind. Code § 9-30-6-9 (b). I would reverse the court’s order on Burnell’s petition for judicial review and reinstate…”
Elberta N. Jackson v. State of Indiana, 67 N.E.3d 1166 (Ind. Ct. App. 2017). · cites it 4× “Rather, she received notice from Officer Kilgren that her refusal to submit to a chemical test when offered would result in a license suspension, and Indiana Code section 9-30-6-9(b) required the BMV to automatically suspend Jackson’s driving privileges.”
Schrefler v. State, 660 N.E.2d 585 (Ind. Ct. App. 1996). “CODE § 9-30-6-9(b) 3 constitute multiple punishments for the same offense, and thus violate the double jeopardy provisions of the federal and state constitutions.”
State of Indiana v. Chad T. Mooney, Brittany McCool, 51 N.E.3d 281 (Ind. Ct. App. 2016). · cites it 2× “Ind.Code § 9-30-6-9(c). Here, the probable cause affidavit states Mooney had an ACE of 0.”
Paul Hassfurther v. State of Indiana, 988 N.E.2d 811 (Ind. Ct. App. 2013). · cites it 6× “I.C. § 9-30-6-9. Nonetheless, these circumstances suggest that it may well be the better practice for police departments to include the two-year suspension provision on the implied consent card.”
Ind. Code § 9-30-6-9(a): 1 case
Reynolds v. State, 698 N.E.2d 390 (Ind. Ct. App. 1998).
Ind. Code § 9-30-6-9(a)(1): 1 case
Vetor v. State, 688 N.E.2d 1327 (Ind. Ct. App. 1997).
Ind. Code § 9-30-6-9(a)(l): 1 case
Brown v. State, 774 N.E.2d 1001 (Ind. Ct. App. 2002). “Ind.Code § 9-30-6-9(a)(l). 5 We do not derive from the implied consent law a legislative intent to preclude a law enforcement officer generally from determining a driver’s blood alcohol content, or specifically from obtaining judicial authorization in the form of a search…”
Ind. Code § 9-30-6-9(b): 5 cases
Silverman v. Fifer, 837 N.E.2d 186 (Ind. Ct. App. 2005). “Citing I.C. § 9-30-6-9 and I.C. § 9-30-5-10, the trial court granted the petition.”
Schrefler v. State, 660 N.E.2d 585 (Ind. Ct. App. 1996). “CODE § 9-30-6-9(b) 3 constitute multiple punishments for the same offense, and thus violate the double jeopardy provisions of the federal and state constitutions.”
Kristy Burnell v. State of Indiana, 44 N.E.3d 771 (Ind. Ct. App. 2015). “2d at 42 (emphasis added), and that accordingly the evidence presented did not establish as a matter of law that she refused to submit to the chemical test under Ind. Code § 9-30-6-9 (b). I would reverse the court’s order on Burnell’s petition for judicial review and reinstate…”
Elberta N. Jackson v. State of Indiana, 67 N.E.3d 1166 (Ind. Ct. App. 2017). “Rather, she received notice from Officer Kilgren that her refusal to submit to a chemical test when offered would result in a license suspension, and Indiana Code section 9-30-6-9(b) required the BMV to automatically suspend Jackson’s driving privileges.”
Paul Hassfurther v. State of Indiana, 988 N.E.2d 811 (Ind. Ct. App. 2013). “I.C. § 9-30-6-9. Nonetheless, these circumstances suggest that it may well be the better practice for police departments to include the two-year suspension provision on the implied consent card.”
Ind. Code § 9-30-6-9(b)(1): 1 case
Jacob T. Kingma v. State of Indiana (mem. dec.), 140 N.E.3d 309 (Ind. Ct. App. 2020).
Ind. Code § 9-30-6-9(b)(l): 1 case
Keyaunna Hurley v. State of Indiana, 75 N.E.3d 1074 (Ind. 2017). “§ 9-30-6-9(b)(l) (2015 Supp.). A person whose driving privileges were suspended is entitled to prompt judicial review, id § 9-30-6-9(d) (2015 Supp.”
Ind. Code § 9-30-6-9(b)(l)(B): 1 case
Elberta N. Jackson v. State of Indiana, 67 N.E.3d 1166 (Ind. Ct. App. 2017). “Rather, she received notice from Officer Kilgren that her refusal to submit to a chemical test when offered would result in a license suspension, and Indiana Code section 9-30-6-9(b) required the BMV to automatically suspend Jackson’s driving privileges.”
Ind. Code § 9-30-6-9(c): 3 cases
State of Indiana & Indiana Bureau of Motor Vehs. v. Nicholas Hargrave, 51 N.E.3d 255 (Ind. Ct. App. 2016). “In addition, because Har-grave’s driving privileges were suspended under Indiana Code section 9-30-6-9, Hargrave is required to file proof of financial responsibility for three years following the termination of his suspension under Indiana Code section 9-30-6-12, and the trial…”
State of Indiana v. Chad T. Mooney, Brittany McCool, 51 N.E.3d 281 (Ind. Ct. App. 2016). “Ind.Code § 9-30-6-9(c). Here, the probable cause affidavit states Mooney had an ACE of 0.”
Jason E. Hammock v. State of Indiana (mem. dec.), No. 63A01-1605-CR-1117 (Ind. Ct. App. Dec. 30, 2016).
Ind. Code § 9-30-6-9(d): 1 case
Keyaunna Hurley v. State of Indiana, 75 N.E.3d 1074 (Ind. 2017). “§ 9-30-6-9(b)(l) (2015 Supp.). A person whose driving privileges were suspended is entitled to prompt judicial review, id § 9-30-6-9(d) (2015 Supp.”
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