Indiana Code 35-46-9-11. Arrest based on the results of a chemical test; refusal
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Sec. 11. (a) If a chemical test results in relevant evidence that the person is intoxicated, the person may be arrested for an offense under this chapter.
(c) A person who refuses to submit to a chemical test may be arrested for an offense under this chapter.
(b) If a chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter.
Terms Used In Indiana Code 35-46-9-11
- chemical test: means an analysis of an individual's:
Indiana Code 35-46-9-1
- 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.
- intoxicated: means under the influence of:
Indiana Code 35-46-9-2
(d) At a proceeding under this chapter, a person’s refusal to submit to a chemical test is admissible into evidence.
As added by P.L.40-2012, SEC.21.