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;

Terms Used In Indiana Code 9-30-7-3

  • fatal accident: means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in:

    Indiana Code 9-30-7-1

  • 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
  • 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.

[Pre-1991 Recodification Citation: 9-4-1-39.1(e) part.]

As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.

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