CRIMINAL LAWAND PROCEDURE
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the arrested person as if the officer had arrested
him. The officer who receives or processes a per-
son arrested by another under this section is not
liable for false arrest or false imprisonment.
35-33-1-5. Arrest defined.
Arrest is the taking of a person into custody,
that he may be held to answer for a crime.
35-33-1-6. Chart for detention of persons
arrested for alcohol-related
offense.
A law enforcement agency may use the fol-
lowing chart to determine the minimum number
of hours that a person arrested for an alcohol-
related offense should be detained before his
release pending trial:
BLOOD OR BREATH
HOURS AFTER INITIAL READING
ALCOHOL LEVEL
IS TAKEN
IN GRAMS
1 2 3 4 5 6 7 8 9 10 11 12 13 14
.09
.075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00 .000 .00
.10
.085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00 .000 .00
.11
.095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00 .000 .00
.12
.105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00 .000 .00
.13
.115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00 .000 .00
.14
.125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00 .000 .00
.15
.135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00 .000 .00
.16
.145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00 .000 .00
.17
.155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00 .000 .00
.18
.165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00 .000 .00
.19
.175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01 .000 .00
.20
.185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02 .005 .00
.21
.195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03 .015 .00
.22
.205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04 .025 .01
.23
.215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05 .035 .02
.24
.225 .21 .195 .18 .165 .15 .135 .12 .105 .09 .075 .06 .045 .03
.25
.235 .22 .205 .19 .175 .16 .145 .13 .115 .10 .085 .07 .055 .04
.26
.245 .23 .215 .20 .185 .17 .155 .14 .125 .11 .095 .08 .065 .05
NOTE: In order to find when a person will reach the legal blood or breath alcohol level, find the blood
or breath alcohol level reading in the left hand column, go across and find where the blood or breath
alcohol level reading is an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to below eight-
hundredths (0.08) gram of alcohol per 100 milliliters of the person’s blood or per two hundred ten (210)
liters of the person’s breath, then read up that column to find the minimum number of hours before the
person can be released.
