Indiana Since January 1, 2015, judges have the option to order interlocks for first-time offenders and are required to order these devices for all repeat offenders. From 2006 to 2020 in Indiana, interlocks stopped 15,079 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 2,811 attempts to drive drunk in 2020. Why does MADD not call the law all-offender? Judges are not required to order an interlock for first-time offenders. Process to obtain an ignition interlock
Grade: F (29/100) Indiana needs to enact an all-offender law to ensure more drunk drivers use an interlock. The current law gives Judges too much discretion not to order an interlock.
1. Person visits the BMV (DMV) site to see Viewable Driver Record to learn when license can be reinstated. 2. Complete any requirements prior to having license reinstated if the eligibility date is listed as “indefinite.” 3. Schedule an appointment to have an interlock device installed. 4. Satisfy requirements and contact the court. The court will then notify the BMV on your behalf. 5. Get insurance company to submit either the SR-22 or SR-50 form to the BMV. 6. Pay any remaining fees and/or fines per the Viewable Driver Record. 7. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon Arrest Six months
Require interlocks use for all first-time drunk drivers as a condition of Specialized Driving Permit.
Unclear
Unclear
Second offense
Unclear
One year
First refusal
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes An interlock provider is required to notify the judge within two weeks if any of the following occur: 1) Any attempt to start the vehicle with a BAC of.04 or higher if the person does not register a test result indicating a BAC of .04 within 10 minutes of the initial test, 2) Absent a documented failure of the interlock, failure to take or pass any required test, 3) Failure of the person ordered to use an interlock to appear at the interlock vendor or provider for maintenance, repair, calibration, monitoring, inspection, or replacement of the interlock, (4) Any violations of restrictions imposed by the court. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes A user required to go an interlock is required to pay all fees associated with the device unless if the court determines that the person is indigent.
Sources: IC 9-30-8-1 and 9-30-5-16, IC 9-30-5-10(c)-(d).
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