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Ind. Code § 35-33-1-6

Chart to determine detention time before release pending trial

Applied in 4 court decisions — leading case Tittle v. Mahan (1991)

Most recently applied in Pickens v. State (July 2001)

As added by P.L.77-1984, SEC.15

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 6. A law enforcement agency may use the following 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

HOURS AFTER INITIAL READING

BREATH

IS TAKEN

ALCOHOL

LEVEL 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 one hundred (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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.