1. (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:

   1. (1) in the court where the charges with respect to the person's operation of a vehicle are pending; or
   2. (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 .

2. (b) The petition for review must:

   1. (1) be in writing;
   2. (2) be verified by the person seeking review; and
   3. (3) allege specific facts that contradict the facts alleged in the probable cause affidavit.

3. (c) The hearing under this section shall be limited to the following issues:

   1. (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 .
   2. (2) Whether the person refused to submit to a chemical test offered by a law enforcement officer.

4. (d) If the court finds:

   1. (1) that there was no probable cause; or

   2. (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;

      the court shall order the bureau to rescind the ignition interlock device requirement or reinstate the person's driving privileges.

5. (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.
6. (f) The petitioner has the burden of proof by a preponderance of the evidence.

7. (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.

   [Pre-1991 Recodification Citation: 9-11-4-10.]

As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13; P.L.2-2005, SEC.38.