TRAFFIC CODE
79
obtaining a bodily substance sample; or
(B) obtaining of the bodily substance
sample is authorized by a search war-
rant.
9-30-6-7. Refusal to submit to chemical test;
duties of arresting officer.
(a) If a person refuses to submit to a chemical
test, the arresting officer shall inform the person
that refusal will result in the suspension of the per-
son's driving privileges.
(b) If a person refuses to submit to a chemical
test after having been advised that the refusal will
result in the suspension of driving privileges or
submits to a chemical test that results in prima
facie evidence of intoxication, the arresting offi-
cer shall do the following:
(1) Obtain the person's driver's license or
permit if the person is in possession of
the document and issue a receipt valid
until the initial hearing of the matter held
under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the
prosecuting attorney of the county in which
the alleged offense occurred.
9-30-6-8. Probable cause; judicial finding;
delivery of documents to bureau;
contents of affidavit.
(a) Whenever a judicial officer has determined
that there was probable cause to believe that a per-
son has violated IC 9-30-5, IC 35-46-9, or IC 14-
15-8 (before its repeal), the clerk of the court
shall forward:
(1) a paper copy of the affidavit, or an
electronic substitute; or
(2) a bureau certificate as described in sec-
tion 16 of this chapter;
to the bureau.
(b) The probable cause affidavit required under
section 7(b)(2) of this chapter must do the fol-
lowing:
(1) Set forth the grounds for the arresting
officer's belief that there was probable
cause that the arrested person was operat-
ing a vehicle in violation of IC 9-30-5 or
a motorboat in violation of IC 35-46-9 or
IC 14-15-8 (before its repeal).
(2) State that the person was arrested for a
violation of IC 9-30-5 or operating a motor-
boat in violation of IC 35-46-9 or IC 14-
15-8 (before its repeal).
(3) State whether the person:
(A)refused to submit to a chemical test
when offered; or
(B)submitted to a chemical test that
resulted in prima facie evidence that the
person was intoxicated.
(4) Be sworn to by the arresting officer.
(c) Except as provided in subsection (d), if it
is determined under subsection (a) that there was
probable cause to believe that a person has violated
IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its
repeal), at the initial hearing of the matter held
under IC 35-33-7-1 the court shall recommend
immediate suspension of the person's driving
privileges to take effect on the date the order is
entered, and forward to the bureau a copy of the
order recommending immediate suspension of
driving privileges.
(d) If it is determined under subsection (a)
that there is probable cause to believe that a per-
son violated IC 9-30-5, the court may, as an alter-
native to suspension of the person's driving
privileges under subsection (c), issue an order
recommending that the person be prohibited from
operating a motor vehicle unless the motor vehi-
cle is equipped with a functioning certified igni-
tion interlock device under IC 9-30-8 until the
bureau is notified by a court that the criminal
charges against the person have been resolved.
9-30-6-8.5. Duties of bureau upon receiving
ignition interlock order.
(a) If the bureau receives an order recom-
mending use of an ignition interlock device under
section 8(d) of this chapter, the bureau shall imme-
diately do the following:
(1) Mail notice to the person's address con-
tained in the records of the bureau stating
that the person may not operate a motor
vehicle unless the motor vehicle is
equipped with a functioning certified igni-
tion interlock device under IC 9-30-8 com-
mencing:
(A) five (5) days after the date of the
notice; or
(B) on the date the court enters an order
