Indiana Statutes

§ 9-30-7-3 — Offer of test; administration of test

Indiana § 9-30-7-3
JurisdictionIndiana
Title 9MOTOR VEHICLES
Art. 30GENERAL PENALTY PROVISIONS
Ch. 7Implied Consent in Accidents Involving Serious Injury

This text of Indiana § 9-30-7-3 (Offer of test; administration of test) 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 § 9-30-7-3 (2026).

Text

(a)A law enforcement officer shall offer a portable breath test or chemical test to any person who the officer has reason to believe operated a vehicle 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. H

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Related

Hannoy v. State
789 N.E.2d 977 (Indiana Court of Appeals, 2003)
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Abney v. State
811 N.E.2d 415 (Indiana Court of Appeals, 2004)
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Temperly v. State
933 N.E.2d 558 (Indiana Court of Appeals, 2010)
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State v. Whitney
889 N.E.2d 823 (Indiana Court of Appeals, 2008)
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54 N.E.3d 1002 (Indiana Court of Appeals, 2016)
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State of Indiana v. David Bisard
973 N.E.2d 1229 (Indiana Court of Appeals, 2012)
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Duncan v. State
799 N.E.2d 538 (Indiana Court of Appeals, 2003)
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Griswold v. State
725 N.E.2d 416 (Indiana Court of Appeals, 2000)
6 case citations
Ruel P. Pedigo, III v. State of Indiana
(Indiana Court of Appeals, 2020)
Kyle Hutton v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2016)
State of Indiana v. Dennis R Poland, Jr.
(Indiana Court of Appeals, 2025)
Justin Land v. State of Indiana
(Indiana Court of Appeals, 2013)

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.

Nearby Sections

15
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Bluebook (online)
Indiana § 9-30-7-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/9-30-7-3.