Indiana Code 9-30-7-3. Offer of test; administration of test
(1) the results of a portable breath test indicate the presence of alcohol;
Terms Used In Indiana Code 9-30-7-3
- fatal accident: means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in:
Indiana Code 9-30-7-1
- portable breath test: means a hand held apparatus that measures the alcohol concentration in a breath sample delivered by a person into the mouthpiece of the apparatus. See Indiana Code 9-30-7-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.
(b) A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under this section. However, all chemical tests must be administered within three (3) hours after the fatal accident or the accident involving serious bodily injury.
(c) It is not necessary for a law enforcement officer to offer a portable breath test or chemical test to an unconscious person.
[Pre-1991 Recodification Citation: 9-4-1-39.1(e) part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.