Indiana Code 9-30-6-7. Refusal to submit to chemical tests or test results in prima facie evidence of intoxication; duties of arresting officer
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Sec. 7. (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person’s driving privileges.
(1) Obtain the person’s driver’s license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing of the matter held under IC 35-33-7-1.
(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall do the following:
Terms Used In Indiana Code 9-30-6-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) Submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.
[Pre-1991 Recodification Citation: 9-11-4-7.]
As added by P.L.2-1991, SEC.18. Amended by P.L.85-2013, SEC.93.