Sec. 15. (a) At a proceeding concerning an offense under this chapter, evidence of the alcohol concentration that was in the blood of the person charged with the offense;

(1) at the time of the alleged violation; or

criminal case

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Terms Used In Indiana Code 35-46-9-15

  • chemical test: means an analysis of an individual's:

    Indiana Code 35-46-9-1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • motorboat: means a watercraft (as defined in IC 14-8-2-305) propelled by:

    Indiana Code 35-46-9-3

(2) within the time allowed for testing under sections 9 and 10 of this chapter;

as shown by an analysis of the person’s breath, blood, urine, or other bodily substance is admissible.

     (b) If, in a prosecution for an offense under this chapter, evidence establishes that:

(1) a chemical test was performed on a test sample taken from the person charged with the offense within the time allowed for testing under sections of 9 and 10 this chapter; and

(2) the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per:

(A) one hundred (100) milliliters of the person’s blood; or

(B) two hundred ten (210) liters of the person’s breath;

the trier of fact shall presume that the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person’s blood or per two hundred ten (210) liters of the person’s breath at the time the person operated the motorboat. However, this presumption is rebuttable.

As added by P.L.40-2012, SEC.21.

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