{"data":{"id":"us-in/ic-9-30-6-10","jurisdiction":"us-in","citation":"IC 9-30-6-10","heading":"Judicial hearing; petition; issues; findings; county prosecutor to represent state; burden of proof; appeal","body":"Sec. 10. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing:\n(1) in the court where the charges with respect to the person's operation of a vehicle are pending; or\n(2) if charges with respect to the person's operation of a vehicle have not been filed, in any court of the county where the alleged offense or refusal occurred that has jurisdiction over crimes committed in violation of IC 9-30-5.\n(b) The petition for review must:\n(1) be in writing;\n(2) be verified by the person seeking review; and\n(3) allege specific facts that contradict the facts alleged in the probable cause affidavit.\n(c) The hearing under this section shall be limited to the following issues:\n(1) Whether the arresting law enforcement officer had probable cause to believe that the person was operating a vehicle in violation of IC 9-30-5.\n(2) Whether the person refused to submit to a chemical test offered by a law enforcement officer.\n(d) If the court finds:\n(1) that there was no probable cause; or\n(2) that the person's driving privileges were suspended under section 9(b) of this chapter and that the person did not refuse to submit to a chemical test;\nthe court shall order the bureau to rescind the ignition interlock device requirement or reinstate the person's driving privileges.\n(e) The prosecuting attorney of the county in which a petition has been filed under this chapter shall represent the state on relation of the bureau with respect to the petition.\n(f) The petitioner has the burden of proof by a preponderance of the evidence.\n(g) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on relation of the bureau with respect to the appeal.","path":["TITLE 9. MOTOR VEHICLES","ARTICLE 30. GENERAL PENALTY PROVISIONS","Chapter 6. Implied Consent; Administrative and Evidentiary Matters"],"source_url":"https://iga.in.gov/ic/2026/Title_9.html#9-30-6-10","current_through":"2026","vintage":"2026","retrieved_at":"2026-07-08T17:54:09Z","sha256":"065286e5656432dc19482f48bbe66cfcddd408c80e57f163992f0b8c76e2a7a0","source_id":"us-in","stale":false,"prev":"us-in/ic-9-30-6-9","next":"us-in/ic-9-30-6-11"},"notice":"GroundRules: Original legal text. Not legal advice."}