Indiana § 35-46-9-10 Chemical test required if accident results in serious bodily injury or
death

Indiana Statutes

§ 35-46-9-10 — Chemical test required if accident results in serious bodily injury or death

Indiana § 35-46-9-10

Art. 46MISCELLANEOUS OFFENSES

Ch. 9Operating a Motorboat While Intoxicated

This text of Indiana § 35-46-9-10 (Chemical test required if accident results in serious bodily injury or death) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-46-9-10 (2026).

Text

(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 chemical test to the person.

(b)A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under thi

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(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 chemical 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.