CHAPTER 7. IMPLIED CONSENT IN ACCIDENTS INVOLVING SERIOUS INJURY OR DEATH
IC 9-30-7
Chapter 7. Implied Consent in Accidents Involving Serious Injury
or Death
IC 9-30-7-0.5
Inapplicability to operator of personal assistive mobility device
Sec. 0.5. This chapter does not apply to the operator of an electric
personal assistive mobility device.
As added by P.L.143-2002, SEC.9.
IC 9-30-7-1
Definitions
Sec. 1. (a) As used in this chapter, "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.
(b) As used in this chapter, "fatal accident" means an accident, a
collision, or other occurrence that involves at least one (1) vehicle
and that results in:
(1) death; or
(2) bodily injury that gives a law enforcement officer reason to
believe that the death of at least one (1) person is imminent.
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.1.
IC 9-30-7-2
Implied consent to portable breath test or chemical test
Sec. 2. A person who operates a vehicle impliedly consents to
submit to the portable breath test or chemical test under this chapter
as a condition of operating a vehicle in Indiana. A person must
submit to each portable breath test or chemical test offered by a law
enforcement officer under this chapter to comply with this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.2.
IC 9-30-7-3
Offer of test; administration of test
Sec. 3. (a) A law enforcement officer shall offer a portable breath
test or chemical test to any person who the officer has reason to
believe operated a vehicle that was involved in a fatal accident or an
accident involving serious bodily injury. If:
(1) the results of a portable breath test indicate the presence of
alcohol;
(2) the results of a portable breath test do not indicate the
presence of alcohol but the law enforcement officer has
probable cause to believe the person is under the influence of a
controlled substance or another drug; or
(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.
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.
IC 9-30-7-4
Breath analysis; blood, urine, or other bodily substance; testing
requirements
Sec. 4. (a) If a chemical test conducted under this chapter involves
an analysis of breath, the test must comply with the requirements
under IC 9-30-6-5.
(b) IC 9-30-6-6 applies if a physician or a person trained in
obtaining bodily substance samples who is acting under the direction
of or under a protocol prepared by a physician or who has been
engaged to obtain bodily substance samples:
(1) obtains a blood, urine, or other bodily substance sample
from a person at the request of a law enforcement officer who
acts under this section; or
(2) performs a chemical test on blood, urine, or another bodily
substance obtained from a person under this section.
As added by P.L.2-1991, SEC.18.
IC 9-30-7-5
Refusal to submit to test; penalties and recidivism; suspension of
license
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.
(b) In addition to any other penalty imposed, the court shall
suspend the person's driving privileges:
(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.
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.4;
P.L.94-2006, SEC.9.