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Ind. Code § 9-30-6-3

Arrest; probable cause; evidence of intoxication; refusal to submit to test; admissibility

Applied in 2 court decisions — leading case Stoltmann v. State (2003)

Most recently applied in State of Indiana v. Brandon Scott Schulze (August 2014)

As added by P.L.2-1991, SEC.18.

Sec. 3. (a) If a law enforcement officer has probable cause to believe that a person committed an offense under IC 9-30-5, the person may be arrested. However, if the chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under this chapter, IC 9-30-5, or IC 9-30-9.

(b) At any proceeding under this chapter, IC 9-30-5, or IC 9-30-9, a person's refusal to submit to a chemical test is admissible into evidence.

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