Sec. 10. (a) A law enforcement officer shall offer a portable breath test or chemical test to any person if the officer has reason to believe the person operated a motorboat 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;

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Terms Used In Indiana Code 35-46-9-10

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

    Indiana Code 35-46-9-1

  • motorboat: means a watercraft (as defined in IC 14-8-2-305) propelled by:

    Indiana Code 35-46-9-3

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.40-2012, SEC.21.