TRAFFIC CODE
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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.
9-30-7-4. BAC tests.
(a) If a chemical test conducted under this
chapter involves an analysis of breath, the test must
comply with the requirements under IC 9-30-6-5.
(b) IC 9-30-6-6 applies if a physician or a
person trained in obtaining bodily substance sam-
ples who is acting under the direction of or under
a protocol prepared by a physician or who has been
engaged to obtain bodily substance samples:
(1) Obtains a blood, urine, or other bodily
substance sample from a person at the
request of a law enforcement officer who
acts under this section; or
(2) Performs a chemical test on blood,
urine, or another bodily substance obtained
from a person under this section.
9-30-7-5. Penalty for refusal.
(a) A person who refuses to submit to a
portable breath test or chemical test offered under
this chapter commits a Class C infraction.
However, the person commits a Class A infraction
if the person has at least one (1) previous con-
viction for operating while intoxicated.
(b) In addition to any other penalty imposed,
the court shall suspend the person's driving priv-
ileges:
(1) for one (1) year; or
(2) if the person has at least one (1) pre-
vious conviction for operating while intox-
icated, for two (2) years.
(c) During the three (3) years following the ter-
mination of the suspension, the person's driving
privileges remain suspended until the person pro-
vides proof of future financial responsibility in
force under IC 9-25.
Chapter 8. Ignition Interlock Devices.
9-30-8-1.
Installation of interlock device; time
periods; costs.
9-30-8-2.
Set at .02 BAC.
9-30-8-3.
Department of toxicology adopting rules.
9-30-8-4.
Responsibility of manufacturer.
9-30-8-5.
Condition of license.
9-30-8-6.
Reports by vendors.
9-30-8-1. Installation of interlock device;
time periods; costs.
(a) If a court orders the installation of a cer-
tified ignition interlock device on a motor vehicle
that a person whose license is restricted owns or
expects to operate, except as provided in subsec-
tion (b), the court shall set the time that the instal-
lation must remain in effect. However, the term
may not exceed the maximum term of imprison-
ment the court could have imposed. The person
shall pay the cost of installation unless the sen-
tencing court determines that the person is indi-
gent.
(b) If the court orders installation of a certified
ignition interlock device under IC 9-30-5-10(d),
the installation must remain in effect for a period
of six (6) months.
9-30-8-2. Set at .02 BAC.
An ignition interlock device shall be set to
render a motor vehicle inoperable if the ignition
interlock device detects an alcohol concentration
equivalent to at least two-hundredths (0.02) gram
of alcohol per:
(1) one hundred (100) milliliters of the
blood of the person; or
(2) two hundred ten (210) liters of the
breath of the person;
who offers a breath sample.
9-30-8-3. Department of toxicoloty adopting
rules [effective January 1, 2015].
The director of the state department of toxi-
cology, based on the recommendation of the gov-
ernor’s council on impaired and dangerous driving,
shall adopt rules under IC 4-22-2 to establish
standards and specifications for a certified ignition
interlock device. The standards and specifica-
tions must require at a minimum that the device
meets the following requirements:
(1) Is accurate.
(2) Does not impede the safe operation of
a vehicle.
(3) Provides a minimum opportunity to
be bypassed.
