IC 9-30-7
    Chapter 7. Implied Consent in Accidents Involving Serious Injuryor 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 electricpersonal 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 ahand held apparatus that measures the alcohol concentration in abreath sample delivered by a person into the mouthpiece of theapparatus.
    (b) As used in this chapter, "fatal accident" means an accident, acollision, or other occurrence that involves at least one (1) vehicleand that results in:
        (1) death; or
        (2) bodily injury that gives a law enforcement officer reason tobelieve 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 tosubmit to the portable breath test or chemical test under this chapteras a condition of operating a vehicle in Indiana. A person mustsubmit to each portable breath test or chemical test offered by a lawenforcement 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 breathtest or chemical test to any person who the officer has reason tobelieve operated a vehicle that was involved in a fatal accident or anaccident involving serious bodily injury. If:
        (1) the results of a portable breath test indicate the presence ofalcohol;
        (2) the results of a portable breath test do not indicate thepresence of alcohol but the law enforcement officer hasprobable cause to believe the person is under the influence of acontrolled 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 aportable 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; testingrequirements
    Sec. 4. (a) If a chemical test conducted under this chapter involvesan analysis of breath, the test must comply with the requirementsunder IC 9-30-6-5.
    (b) IC 9-30-6-6 applies if a physician or a person trained inobtaining bodily substance samples who is acting under the directionof or under a protocol prepared by a physician or who has beenengaged to obtain bodily substance samples:
        (1) obtains a blood, urine, or other bodily substance samplefrom a person at the request of a law enforcement officer whoacts under this section; or
        (2) performs a chemical test on blood, urine, or another bodilysubstance 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 oflicense
    Sec. 5. (a) A person who refuses to submit to a portable breath testor chemical test offered under this chapter commits a Class Cinfraction. However, the person commits a Class A infraction if theperson has at least one (1) previous conviction for operating whileintoxicated.
    (b) In addition to any other penalty imposed, the court shallsuspend the person's driving privileges:
        (1) for one (1) year; or
        (2) if the person has at least one (1) previous conviction foroperating 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.