CRIMINAL LAWAND PROCEDURE
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provisions of this chapter as a condition of oper-
ating a motorboat in Indiana.
(b) If a person refuses to submit to a chemical
test after having been advised that the refusal will
result in the suspension of operating privileges or
submits to a chemical test that results in prima
facie evidence of intoxication, the arresting law
enforcement officer 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 is
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.
(3) Send a copy of the probable cause affi-
davit submitted under subdivision (2) to the
bureau of motor vehicles.
35-46-9-9. Offer of a chemical test.
(a) A law enforcement officer who has prob-
able cause to believe that a person has committed
an offense under this chapter shall offer the per-
son the opportunity to submit to a chemical test.
It is not necessary for the law enforcement offi-
cer to offer a chemical test to an unconscious per-
son.
(b) A law enforcement officer may offer a
person more than one (1) chemical test under this
chapter. However, all tests must be administered
within three (3) hours after the officer had prob-
able cause to believe the person violated this
chapter.
(c) Aperson must submit to each chemical test
offered by a law enforcement officer to comply
with the implied consent provisions of this chap-
ter.
35-46-9-10. Offer of a portable breath test.
(a) A law enforcement officer shall offer a
portable breath test or chemical test to any person
if the officer has reason to believe the person
operated a motorboat that was involved in a fatal
accident or an accident involving serious bodily
injury. If:
(1) the results of a portable breath test
indicate the presence of alcohol;
(2) the results of a portable breath test do
not indicate the presence of alcohol but the
law enforcement officer has probable cause
to believe the person is under the influence
of a controlled substance or another drug;
or
(3) the person refuses to submit to a
portable breath test;
the law enforcement officer shall offer a chemi-
cal 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 a portable breath test or chemical
test to an unconscious person.
35-46-9-11. Results of chemical test.
(a) If a chemical test results in relevant evi-
dence that the person is intoxicated, the person
may be arrested for an offense under this chapter.
(b) If a chemical test results in prima facie
evidence that the person is intoxicated, the person
shall be arrested for an offense under this chapter.
(c) Aperson who refuses to submit to a chem-
ical test may be arrested for an offense under this
chapter.
(d) At a proceeding under this chapter, a per-
son’s refusal to submit to a chemical test is admis-
sible into evidence.
35-46-9-12. Certification and use of chemical
breath test.
(a) The provisions of IC 9-30-6-5 concern-
ing the certification and use of chemical breath
tests apply to the use of chemical breath tests in
a prosecution under this chapter.
(b) IC 9-30-6-6 applies to chemical tests per-
formed under this chapter.
35-46-9-13. Refusal of chemical test.
If a person refuses to submit to a chemical test
under this chapter, the law enforcement officer
shall inform the person that the person’s refusal
will result in the suspension of the person’s motor-
boat and motor vehicle operation privileges.
35-46-9-14. Prosecuting attorney to represent
state.
