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Ind. Code § 9-30-6-7

Refusal to submit to chemical tests or test results in prima facie evidence of intoxication; duties of arresting officer

Applied in 2 court decisions — leading case Hannoy 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. 7. (a) If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person's driving privileges.

(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting 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 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.

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