§ 35-46-9-8 — Implied consent

Indiana § 35-46-9-8

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 9: Operating a Motorboat While Intoxicated

Text

(a) A person who operates a motorboat in water
over which Indiana has jurisdiction impliedly consents to submit to the
chemical test provisions of this chapter as a condition of operating 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 affidavit submitted under
subdivision (2) to the bureau of motor vehicles.

Legislative History

As added by P.L.40-2012, SEC.21.