Indiana Code § 12-23-5-8

Exception to eligibility for deferral; previous dismissal under this chapter of charges of operating vehicle while intoxicated
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Sec. 8. If: (1) a defendant was previously charged under IC 9-4-1-54 (before its repeal September 1, 1983), IC 9-11-2 (before its repeal July 1, 1991), or IC 9-30-5 ; and (2) the previous charges were dismissed under this chapter; the individual is not eligible to have subsequent charges under IC 9-30-5 dismissed under this chapter. [Pre-1992 Revision Citation: 16-13-6.1-15.1(f).]

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