TRAFFIC CODE
76
9-30-6-1. Chemical test for intoxication;
implied consent.
A person who operates a vehicle impliedly
consents to submit to the chemical test provi-
sions of this chapter as a condition of operating a
vehicle in Indiana.
9-30-6-2. Probable cause; offer to test; alter-
native tests; requirement to submit.
(a) A law enforcement officer who has prob-
able cause to believe that a person has committed
an offense under this chapter, IC 9-30-5, or IC 9-
30-9, or a violation under IC 9-30-15 shall offer
the person the opportunity to submit to a chemi-
cal test.
(b) A law enforcement officer:
(1) Is not required to offer a chemical test
to an unconscious person; and
(2) May offer a person more than one (1)
chemical test under this chapter.
(c) Atest administered under this chapter must
be administered within three (3) hours after the law
enforcement officer had probable cause to believe
the person committed an offense under IC 9-30-
5 or a violation under IC 9-30-15.
(d) Aperson must submit to each chemical test
offered by a law enforcement officer in order to
comply with the implied consent provisions of this
chapter.
9-30-6-3. Chemical test results; evidence of
intoxication; refusal to submit,
admissibility; arrest.
(a) If a law enforcement officer has probable
cause to believe that a person committed an
offense under IC 9-30-5, the person may be
arrested. However, if the chemical test results in
prima facie evidence that the person is intoxi-
cated, the person shall be arrested for an offense
under this chapter, IC 9-30-5, or IC 9-30-9.
(b) At any proceeding under this chapter, IC
9-30-5, or IC 9-30-9, a person's refusal to submit
to a chemical test is admissible into evidence.
9-30-6-4. Bureau rules.
The bureau shall adopt rules under IC 4-22-2
necessary to carry out this chapter, IC 9-30-5, IC
9-30-9, or IC 9-30-15.
9-30-6-4.3. Application of chapter when
vehicle seized for forfeiture.
(a) This section applies only to a person whose
motor vehicle has been seized under IC 34-24-1-
1(a)(15).
(b) If the bureau receives an order from a
court recommending that the bureau not register
a motor vehicle in the name of a person whose
motor vehicle has been seized under IC 34-24-1-
1(a)(15), the bureau may not register a motor
vehicle in the name of the person whose motor
vehicle has been seized until the person proves that
the person possesses a driver's license with valid
driving privileges.
9-30-6-5. Chemical breath test operators,
equipment and chemicals;
certification; rules; certificates
as prima facie evidence.
(a) The director of the state department of
toxicology shall adopt rules under IC 4-22-2 con-
cerning the following:
(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper tech-
nique for administering a breath test.
(b) Certificates issued in accordance with rules
adopted under subsection (a) shall be sent to the
clerk of the circuit court in each county where the
breath test operator, equipment, or chemicals are
used to administer breath tests. However, failure
to send a certificate does not invalidate any test.
(c) Certified copies of certificates issued in
accordance with rules adopted under subsection
(a):
(1) are admissible in a proceeding under
this chapter, IC 9-30-5, IC 9-30-9, or IC 9-
30-15;
(2) constitute prima facie evidence that
the equipment or chemical:
(A) was inspected and approved by the
state department of toxicology on the
date specified on the certificate copy;
and
