Sec. 5. (a) A person who refuses to submit to a
portable breath test or chemical test offered under this chapter commits a Class C infraction. However, the person commits a Class A infraction if the person has at least one (1) previous
conviction for operating while intoxicated.
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Terms Used In Indiana Code 9-30-7-5
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) for one (1) year; or
(2) if the person has at least one (1) previous conviction for operating while intoxicated, for two (2) years.
(c) During the three (3) years following the termination of the suspension, the person’s driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25.
[Pre-1991 Recodification Citation: 9-4-1-39.1(f).]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.4; P.L.94-2006, SEC.9; P.L.85-2013, SEC.98.
