Ind. Code ch. 9-30-6

Ind. Code ch. 9-30-6
in effect

Ind. Code § 9-30-6-1 Chemical test for intoxication; implied consent

Sec. 1. A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana. [Pre-1991 Recodification Citation: 9-11-4-1.] As added by P.L.2-1991, SEC.18.

Ind. Code § 9-30-6-2 Probable cause; offer of test; alternative tests; requirement to submit

Sec. 2. (a) A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter, IC 9-30-5, or IC 9-30-9, or a violation under IC 9-30-15 shall offer the person the opportunity to submit to a chemical test. (b) A law enforcement officer: (1) is not required to offer a chemical test to an unconscious person; and (2) may offer a person more than one (1) chemical test under this chapter. (c) A test administered under this chapter must be administered within three (3) hours after the law enforcement officer had probable cause to believe the person committed an offense under IC 9-30-5 or a violation under IC 9-30-15. (d) A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter. [Pre-1991 Recodification Citation: 9-11-4-2.] As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.7.

Ind. Code § 9-30-6-3 Arrest; probable cause; evidence of intoxication; refusal to submit to test; admissibility

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. [Pre-1991 Recodification Citation: 9-11-4-3.] As added by P.L.2-1991, SEC.18.

Ind. Code § 9-30-6-4 Repealed

[Pre-1991 Recodification Citation: 9-11-4-4.] As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.8. Repealed by P.L.198-2016, SEC.601.

Ind. Code § 9-30-6-4.3 Seized vehicles; registration of certain vehicles prohibited

Sec. 4.3. (a) This section applies only to a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15). (b) If the bureau receives an order from a court recommending that the bureau not register a motor vehicle in the name of a person whose motor vehicle has been seized under IC 34-24-1-1(a)(15), the bureau may not register a motor vehicle in the name of the person whose motor vehicle has been seized until the person proves that the person possesses a driver's license with valid driving privileges. As added by P.L.94-2006, SEC.6. Amended by P.L.1-2007, SEC.95; P.L.125-2012, SEC.343; P.L.13-2013, SEC.40.

Ind. Code § 9-30-6-5 Breath test operators, equipment, and chemicals; certification; rules; certificates as prima facie evidence

Sec. 5. (a) The director of the state department of toxicology shall adopt rules under IC 4-22-2 concerning the following: (1) Standards and regulations for the: (A) selection; (B) training; and (C) certification; of breath test operators. (2) Standards and regulations for the: (A) selection; and (B) certification; of breath test equipment and chemicals. (3) The certification of the proper technique for administering a breath test. (b) A certification in accordance with rules adopted under subsection (a) shall be: (1) sent in writing to the clerk of the circuit court in each county where the breath test operator, equipment, or chemicals are used to administer breath tests; or (2) published on the website of the state department of toxicology. However, failure to send or publish a certification as required by this subsection does not invalidate any test. (c) A certification in accordance with rules adopted under subsection (a) that is sent in writing under subsection (b)(1) or published on the website of the state department of toxicology under subsection (b)(2) and obtained from the state department of toxicology as an electronic record bearing an electronic signature: (1) is admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15; (2) constitutes prima facie evidence that the equipment or chemical: (A) was inspected and approved by the state department of toxicology on the date specified on the writing or electronic record; and (B) was in proper working condition on the date the breath test was administered if the date of approval is not more than one hundred eighty (180) days before the date of the breath test; (3) constitutes prima facie evidence of the approved technique for administering a breath test; and (4) constitutes prima facie evidence that the breath test operator was certified by the state department of toxicology on the date specified on the writing or electronic record. (d) Results of chemical tests that involve an analysis of a person's breath are not admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15 if: (1) the test operator; (2) the test equipment; (3) the chemicals used in the test, if any; or (4) the techniques used in the test; have not been approved in accordance with the rules adopted under subsection (a). [Pre-1991 Recodification Citation: 9-11-4-5.] As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9; P.L.158-2011, SEC.2; P.L.38-2017, SEC.1; P.L.1-2025, SEC.141.

Ind. Code § 9-30-6-5.5 Repealed

As added by P.L.220-2011, SEC.231. Amended by P.L.40-2012, SEC.3. Repealed by P.L.93-2024, SEC.99.

Ind. Code § 9-30-6-6 Chemical tests on bodily substances; retrieval of contraband or obtaining bodily substance samples; disclosure of results; no privilege or liability

Sec. 6. (a) A physician, a person trained in retrieving contraband or obtaining bodily substance samples and acting under the direction of or under a protocol prepared by a physician, or a licensed health care professional acting within the professional's scope of practice and under the direction of or under a protocol prepared by a physician, who: (1) obtains a blood, urine, or other bodily substance sample from a person, regardless of whether the sample is taken for diagnostic purposes or at the request of a law enforcement officer under this section; (2) performs a chemical test on blood, urine, or other bodily substance obtained from a person; or (3) searches for or retrieves contraband from the body cavity of an individual; shall deliver the sample or contraband or disclose the results of the test to a law enforcement officer who requests the sample, contraband, or results as a part of a criminal investigation. Samples, contraband, and test results shall be provided to a law enforcement officer even if the person has not consented to or otherwise authorized their release. (b) A physician, a licensed health care professional, a hospital, or an agent of a physician or hospital is not civilly or criminally liable for any of the following: (1) Disclosing test results in accordance with this section. (2) Delivering contraband, or a blood, urine, or other bodily substance sample in accordance with this section. (3) Searching for or retrieving contraband or obtaining a blood, urine, or other bodily substance sample in accordance with this section. (4) Disclosing to the prosecuting attorney or the deputy prosecuting attorney for use at or testifying at the criminal trial of the person as to facts observed or opinions formed. (5) Failing to treat a person from whom contraband is retrieved or a blood, urine, or other bodily substance sample is obtained at the request of a law enforcement officer if the person declines treatment. (6) Injury to a person arising from the performance of duties in good faith under this section. However, immunity does not apply if the physician, licensed health care professional, hospital, or agent of a physician or hospital acts with gross negligence or willful or wanton misconduct. (c) For the purposes of a criminal proceeding: (1) the privileges arising from a patient-physician relationship do not apply to the contraband, samples, test results, or testimony described in this section; and (2) contraband, samples, test results, and testimony may be admitted in a proceeding in accordance with the applicable rules of evidence. (d) The exceptions to the patient-physician relationship specified in subsection (c) do not affect those relationships in a proceeding that is not a criminal proceeding. (e) The contraband, test results, and samples obtained by a law enforcement officer under subsection (a) may be disclosed only to a prosecuting attorney or a deputy prosecuting attorney for use as evidence in a criminal proceeding. (f) This section does not require a physician or a person under the direction of a physician to perform a chemical test or to retrieve contraband. (g) If the person: (1) from whom the contraband is to be retrieved or the bodily substance sample is to be obtained under this section does not consent; and (2) resists the retrieval of the contraband or the taking of a sample; the law enforcement officer may use reasonable force to assist an individual, who must be authorized under this section to retrieve contraband or obtain a sample, in the retrieval of the contraband or the taking of the sample. (h) The person authorized under this section to retrieve contraband or obtain a bodily substance sample shall take the sample or retrieve the contraband in a medically accepted manner. (i) This subsection does not apply to contraband retrieved or a bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer may transport the person to a place where the contraband may be retrieved or the sample may be obtained by any of the following persons who are trained in retrieving contraband or obtaining bodily substance samples and who have been engaged to retrieve contraband or obtain samples under this section: (1) A physician holding an unlimited license to practice medicine or osteopathy. (2) A registered nurse. (3) A licensed practical nurse. (4) An advanced emergency medical technician (as defined in IC 16-18-2-6.5). (5) A paramedic (as defined in IC 16-18-2-266). (6) Except as provided in subsections (j) through (k), any other person qualified through training, experience, or education to retrieve contraband or obtain a bodily substance sample. (j) A law enforcement officer may not retrieve contraband or obtain a bodily substance sample under this section if the contraband is to be retrieved or the sample is to be obtained from another law enforcement officer as a result of the other law enforcement officer's involvement in an accident or alleged crime. (k) A law enforcement officer who is otherwise qualified to obtain a bodily substance sample under this section may obtain a bodily substance sample from a person involved in an accident or alleged crime who is not a law enforcement officer only if: (1) the officer obtained a bodily substance sample from an individual as part of the officer's official duties as a law enforcement officer; and (2) the: (A) person consents to the officer obtaining a bodily substance sample; or (B) obtaining of the bodily substance sample is authorized by a search warrant. (l) A physician or a person trained in obtaining bodily samples who is acting under the direction of or under a protocol prepared by a physician shall obtain a blood sample if the following conditions are satisfied: (1) A law enforcement officer requests that the sample be obtained. (2) The law enforcement officer has certified in writing the following: (A) That the officer has probable cause to believe the person from whom the sample is to be obtained has violated IC 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2) (before its repeal), or IC 35-46-9-6(c) (before its repeal). (B) That the offense resulting in a criminal investigation described in subsection (a) occurred not more than three (3) hours before the time the sample is requested. (C) That exigent circumstances exist that create pressing health, safety, or law enforcement needs that would take priority over a warrant application. (3) Not more than the use of reasonable force is necessary to obtain the sample. [Pre-1991 Recodification Citation: 9-11-4-6.] As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.69; P.L.132-1993, SEC.1; P.L.1-1994, SEC.40; P.L.205-2003, SEC.3; P.L.94-2006, SEC.7; P.L.36-2010, SEC.1; P.L.77-2012, SEC.3; P.L.237-2013, SEC.1; P.L.224-2019, SEC.3; P.L.174-2021, SEC.4; P.L.158-2026, SEC.8.

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

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. [Pre-1991 Recodification Citation: 9-11-4-7.] As added by P.L.2-1991, SEC.18. Amended by P.L.85-2013, SEC.93.

Ind. Code § 9-30-6-8 Probable cause; suspension of driving privileges; ignition interlock device; violation

Sec. 8. (a) Except as provided in IC 9-30-16-1(g), whenever a judicial officer has determined that there was probable cause to believe that a person has violated IC 9-30-5, IC 35-46-9 (before its repeal), or IC 14-15-8 (before its repeal), the clerk of the court shall forward, in a form and manner prescribed by the bureau: (1) a paper copy of the affidavit, or an electronic substitute; or (2) a bureau certificate as described in section 16 of this chapter; to the bureau at the conclusion of the initial hearing held under subsection (c), IC 35-33-7-1, or if the initial hearing was waived, upon notice of waiver of the initial hearing. (b) The probable cause affidavit required under section 7(b)(2) of this chapter must do the following: (1) Set forth the grounds for the arresting officer's belief that there was probable cause that the arrested person was operating a vehicle in violation of IC 9-30-5 or a motorboat in violation of IC 35-46-9 (before its repeal) or IC 14-15-8 (before its repeal). (2) State that the person was arrested for a violation of IC 9-30-5 or operating a motorboat in violation of IC 35-46-9 (before its repeal) or IC 14-15-8 (before its repeal). (3) State whether the person: (A) refused to submit to a chemical test when offered; or (B) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated. (4) Be sworn to by the arresting officer. (c) Except as provided in subsection (d), if it is determined under subsection (a) that there was probable cause to believe that a person has violated IC 9-30-5, IC 35-46-9 (before its repeal), or IC 14-15-8 (before its repeal), at the initial hearing of the matter held under IC 35-33-7-1 the court shall recommend immediate suspension of the person's driving privileges to take effect on the date the order is entered, and forward to the bureau a copy of the order recommending immediate suspension of driving privileges. (d) If it is determined under subsection (a) that there is probable cause to believe that a person violated IC 9-30-5-1(a) or IC 9-30-5-1(b), the court may, as an alternative to any suspension of the person's driving privileges under subsection (c), issue an order recommending that the person be prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under IC 9-30-8. This subsection applies even if the probable cause affidavit in subsection (b) states that the person: (1) refused to submit to a chemical test; (2) submitted to a chemical test that resulted in prima facie evidence that the person was intoxicated; or (3) was also charged under IC 9-30-5-2. The order remains in effect until the bureau is notified by a court that the criminal charges against the person have been resolved. When the court issues an order under this subsection, no administrative suspension is imposed by the bureau and no suspension is noted on the person's driving record. (e) A person commits a Class B infraction if the person: (1) operates a motor vehicle without a functioning registered ignition interlock device; and (2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under subsection (d). (f) A person commits a Class B misdemeanor if the person: (1) operates a motor vehicle without a functioning registered ignition interlock device; and (2) knows the person is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under subsection (d). [Pre-1991 Recodification Citation: 9-11-4-8.] As added by P.L.2-1991, SEC.18. Amended by P.L.57-1995, SEC.4; P.L.76-2004, SEC.9; P.L.40-2012, SEC.4; P.L.125-2012, SEC.344; P.L.85-2013, SEC.94; P.L.188-2015, SEC.109; P.L.29-2020, SEC.1; P.L.110-2020, SEC.4; P.L.32-2021, SEC.20; P.L.111-2021, SEC.88; P.L.28-2026, SEC.7; P.L.158-2026, SEC.9.

Ind. Code § 9-30-6-8.5 Ignition interlock device; notice

Sec. 8.5. If the bureau receives an order recommending use of an ignition interlock device under section 8(d) of this chapter, the bureau shall immediately do the following: (1) Mail notice to the person's address contained in the records of the bureau, or send notice electronically if the person has indicated a preference for receiving notices from the bureau electronically, stating that the person may not operate a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1 commencing: (A) five (5) days after the date of the notice; or (B) on the date the court enters an order recommending use of an ignition interlock device; whichever occurs first. (2) Notify the person of the right to a judicial review under section 10 of this chapter. As added by P.L.76-2004, SEC.10. Amended by P.L.85-2013, SEC.95; P.L.149-2015, SEC.103; P.L.141-2024, SEC.46; P.L.28-2026, SEC.8.

Ind. Code § 9-30-6-9 Suspension of driving privileges; duties of bureau

Sec. 9. (a) This section does not apply if an ignition interlock device order is issued under section 8(d) of this chapter. (b) If the affidavit under section 8(b) of this chapter states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person: (1) for: (A) one (1) year; or (B) if the person has at least one (1) previous conviction for operating while intoxicated, two (2) years; or (2) until the suspension is ordered terminated under IC 9-30-5. (c) If the affidavit under section 8(b) of this chapter states that a chemical test resulted in prima facie evidence that a person was intoxicated, the bureau shall suspend the driving privileges of the person: (1) for one hundred eighty (180) days; or (2) until the bureau is notified by a court that the charges have been disposed of; whichever occurs first. (d) Whenever the bureau is required to suspend a person's driving privileges under this section, the bureau shall immediately do the following: (1) Mail notice to the person's address contained in the records of the bureau, or send the notice electronically if the person has indicated a preference for receiving notices from the bureau electronically, stating that the person's driving privileges will be suspended for a specified period, commencing: (A) seven (7) days after the date of the notice; or (B) on the date the court enters an order recommending suspension of the person's driving privileges under section 8(c) of this chapter; whichever occurs first. (2) Notify the person of the right to a judicial review under section 10 of this chapter. [Pre-1991 Recodification Citation: 9-11-4-9.] As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.12; P.L.153-2005, SEC.4; P.L.94-2006, SEC.8; P.L.125-2012, SEC.345; P.L.85-2013, SEC.96; P.L.149-2015, SEC.104; P.L.188-2015, SEC.111; P.L.141-2024, SEC.47.

Ind. Code § 9-30-6-10 Judicial hearing; petition; issues; findings; county prosecutor to represent state; burden of proof; appeal

Sec. 10. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing: (1) in the court where the charges with respect to the person's operation of a vehicle are pending; or (2) if charges with respect to the person's operation of a vehicle have not been filed, in any court of the county where the alleged offense or refusal occurred that has jurisdiction over crimes committed in violation of IC 9-30-5. (b) The petition for review must: (1) be in writing; (2) be verified by the person seeking review; and (3) allege specific facts that contradict the facts alleged in the probable cause affidavit. (c) The hearing under this section shall be limited to the following issues: (1) Whether the arresting law enforcement officer had probable cause to believe that the person was operating a vehicle in violation of IC 9-30-5. (2) Whether the person refused to submit to a chemical test offered by a law enforcement officer. (d) If the court finds: (1) that there was no probable cause; or (2) that the person's driving privileges were suspended under section 9(b) of this chapter and that the person did not refuse to submit to a chemical test; the court shall order the bureau to rescind the ignition interlock device requirement or reinstate the person's driving privileges. (e) The prosecuting attorney of the county in which a petition has been filed under this chapter shall represent the state on relation of the bureau with respect to the petition. (f) The petitioner has the burden of proof by a preponderance of the evidence. (g) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on relation of the bureau with respect to the appeal. [Pre-1991 Recodification Citation: 9-11-4-10.] As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.13; P.L.2-2005, SEC.38.

Ind. Code § 9-30-6-11 Reinstatement of driving privileges; rescission of ignition interlock device requirement; conditions; findings of fact

Sec. 11. (a) Notwithstanding any other provision of this chapter, IC 9-30-5, or IC 9-30-9, the court shall order the bureau to rescind an ignition interlock device requirement or reinstate the driving privileges of a person if: (1) all of the charges under IC 9-30-5 have been dismissed and the prosecuting attorney states on the record that no charges will be refiled against the person; (2) the court finds the allegations in a petition filed by a defendant under section 18 of this chapter are true; or (3) the person: (A) did not refuse to submit to a chemical test offered as a result of a law enforcement officer having probable cause to believe the person committed the offense charged; and (B) has been found not guilty of all charges by a court or by a jury. (b) The court's order must contain findings of fact establishing that the requirements for reinstatement described in subsection (a) have been met. (c) A person whose driving privileges are reinstated under this section is not required to pay a reinstatement fee. [Pre-1991 Recodification Citation: 9-11-4-11.] As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.14.

Ind. Code § 9-30-6-12 Suspended driving privileges; proof of future financial responsibility

Sec. 12. (a) If a court recommends suspension of driving privileges under this chapter, IC 9-30-5, or IC 9-30-9, the bureau shall fix the period of suspension in accordance with the recommendation of the court. If the court fails to recommend a fixed period of suspension, or recommends a fixed term that is less than the minimum term required by statute, the bureau shall impose the minimum period of suspension required by statute. (b) Except as provided in subsection (c), during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25. (c) If a court recommends suspension of a person's driving privileges for a conviction under IC 9-30-5, during the three (3) years following the termination of the suspension the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25. However, if a court recommends suspension of the driving privileges under IC 9-30-5 of a person who is arrested for or charged with an offense committed under IC 9-30-5, the person is not required to provide proof of future financial responsibility under IC 9-25 unless and until the person is convicted under IC 9-30-5. (d) If at any time during the three (3) years following the termination of the suspension imposed under subsection (a) a person who has provided proof of future financial responsibility under IC 9-25 fails to maintain the proof, the bureau shall suspend the person's driving privileges until the person again provides proof of future financial responsibility under IC 9-25. [Pre-1991 Recodification Citation: 9-11-4-12.] As added by P.L.2-1991, SEC.18. Amended by P.L.109-2011, SEC.36; P.L.125-2012, SEC.346; P.L.85-2013, SEC.97; P.L.149-2015, SEC.105.

Ind. Code § 9-30-6-13 Reinstatement of driving privileges; rescission of ignition interlock device requirement; duties of bureau

Sec. 13. If a court orders the bureau to rescind an ignition interlock device requirement or reinstate a person's driving privileges under this article, the bureau shall comply with the order. Unless the order for reinstatement is issued under section 11(a)(2) of this chapter, the bureau shall also do the following: (1) Remove any record of the ignition interlock device requirement or suspension from the official driving record of the person. (2) Reinstate the privileges without cost to the person. [Pre-1991 Recodification Citation: 9-11-4-13.] As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.15; P.L.42-2011, SEC.27; P.L.125-2012, SEC.347.

Ind. Code § 9-30-6-13.5 Removal of suspension from record

Sec. 13.5. If: (1) a case filed under IC 9-30-5 is terminated in favor of the defendant; and (2) the defendant's driving privileges were suspended under: (A) section 9(b) of this chapter; or (B) section 9(c) of this chapter; the bureau shall remove any record of the suspension, including the reason for suspension, from the defendant's official driving record. As added by P.L.103-1991, SEC.3. Amended by P.L.2-2005, SEC.39; P.L.110-2020, SEC.5.

Ind. Code § 9-30-6-14 Certified copies of driving and court records as prima facie evidence

Sec. 14. In a proceeding under this article: (1) a certified copy of a person's driving record obtained from the bureau; or (2) a certified copy of a court record concerning a previous conviction; constitutes prima facie evidence that the person has a previous conviction of operating while intoxicated. [Pre-1991 Recodification Citation: 9-11-4-14.] As added by P.L.2-1991, SEC.18.

Ind. Code § 9-30-6-15 Evidence of blood alcohol content shown by chemical tests admissible

Sec. 15. (a) At any proceeding concerning an offense under IC 9-30-5 or a violation under IC 9-30-15, evidence of the alcohol concentration that was in the blood of the person charged with the offense: (1) at the time of the alleged violation; or (2) within the time allowed for testing under section 2 of this chapter; as shown by an analysis of the person's breath, blood, urine, or other bodily substance is admissible. (b) If, in a prosecution for an offense under IC 9-30-5, evidence establishes that: (1) a chemical test was performed on a test sample taken from the person charged with the offense within the period of time allowed for testing under section 2 of this chapter; and (2) the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood at the time the test sample was taken; or (B) two hundred ten (210) liters of the person's breath; the trier of fact shall presume that the person charged with the offense had an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath at the time the person operated the vehicle. However, this presumption is rebuttable. (c) If evidence in an action for a violation under IC 9-30-5-8.5 establishes that: (1) a chemical test was performed on a test sample taken from the person charged with the violation within the time allowed for testing under section 2 of this chapter; and (2) the person charged with the violation: (A) was less than twenty-one (21) years of age at the time of the alleged violation; and (B) had an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per: (i) one hundred (100) milliliters of the person's blood; or (ii) two hundred ten (210) liters of the person's breath; at the time the test sample was taken; the trier of fact shall presume that the person charged with the violation had an alcohol concentration equivalent to at least two-hundredths (0.02) gram of alcohol per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath at the time the person operated the vehicle. However, the presumption is rebuttable. (d) If, in an action for a violation under IC 9-30-15, evidence establishes that: (1) a chemical test was performed on a test sample taken from the person charged with the offense within the time allowed for testing under section 2 of this chapter; and (2) the person charged with the offense had an alcohol concentration equivalent to at least four-hundredths (0.04) gram of alcohol per: (A) one hundred (100) milliliters of the person's blood; or (B) two hundred ten (210) liters of the person's breath; at the time the test sample was taken; the trier of fact shall presume that the person charged with the offense had an alcohol concentration equivalent to at least four-hundredths (0.04) gram of alcohol by weight in grams per one hundred (100) milliliters of the person's blood or per two hundred ten (210) liters of the person's breath at the time the person operated the vehicle. However, this presumption is rebuttable. [Pre-1991 Recodification Citation: 9-11-4-15.] As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.10; P.L.96-1996, SEC.6; P.L.33-1997, SEC.11; P.L.1-2000, SEC.11; P.L.175-2001, SEC.11.

Ind. Code § 9-30-6-16 Bureau certificate; form and contents

Sec. 16. The bureau certificate must contain the following information and may be substantially in the following form: BUREAU OF MOTOR VEHICLES CERTIFICATE Date of Arrest Time Driver's License No. License State a.m. / / p.m. Name: (first) (M.I.) (last) Date of Birth / / CURRENT Address (street, city, state, zip) Court Code Cause Number Sex Weight Height Eyes Hair The above motorist BUREAU USE ONLY REFUSED alcohol test FAILED alcohol test 0.% Court Determination It has been determined there was probable cause the defendant violated IC 9-30-5 this ___________ day of ________________, 20__ and that charges are pending herein. _____________________ Court ______________________ County ____________________________ Judge's Signature [Pre-1991 Recodification Citation: 9-11-4-16.] As added by P.L.2-1991, SEC.18. Amended by P.L.2-2005, SEC.40.

Ind. Code § 9-30-6-17 Trial date; notice; application

Sec. 17. (a) At least ten (10) days before the scheduled trial date of a person charged with a violation of IC 9-30-5, the prosecuting attorney shall notify any person who suffered bodily injury as a result of the alleged offense of the scheduled trial date. The notice must include information concerning the time and place of the trial. (b) If the injured person died as a result of the alleged offense, the notice required under subsection (a) shall be given to the deceased person's parents, spouse, and children. (c) This section applies only if the defendant's trial occurs more than ten (10) days after the alleged offense. (d) A prosecuting attorney's failure to comply with this section is not grounds for postconviction relief. [Pre-1991 Recodification Citation: 9-11-4-17.] As added by P.L.2-1991, SEC.18.

Ind. Code § 9-30-6-18 Early trial request; delay in trial; reinstatement of driving privileges; rescission of ignition interlock device requirement

Sec. 18. (a) A person against whom an ignition interlock device order has been issued under section 8.5 of this chapter or whose driving privileges have been suspended under section 9(c) of this chapter is entitled to rescission of the ignition interlock device requirement or reinstatement of driving privileges if the following occur: (1) After a request for an early trial is made by the person at the initial hearing on the charges, a trial or other disposition of the charges for which the person was arrested under IC 9-30-5 is not held within ninety (90) days after the date of the person's initial hearing on the charges. (2) The delay in trial or disposition of the charges is not due to the person arrested under IC 9-30-5. (b) A person who desires rescission of the ignition interlock device requirement or reinstatement of driving privileges under this section must file a verified petition in the court where the charges against the petitioner are pending. The petition must allege the following: (1) The date of the petitioner's arrest under IC 9-30-5. (2) The date of the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5. (3) The date set for trial or other disposition of the matter. (4) A statement averring the following: (A) That the petitioner requested an early trial of the matter at the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5. (B) The trial or disposition date set by the court is at least ninety (90) days after the date of the petitioner's initial hearing on the charges filed against the petitioner under IC 9-30-5. (C) The delay in the trial or disposition is not due to the petitioner. (c) Upon the filing of a petition under this section, the court shall immediately examine the record of the court to determine whether the allegations in the petition are true. (d) If the court finds the allegations of a petition filed under this section are true, the court shall order rescission of the ignition interlock device requirement or reinstatement of the petitioner's driving privileges under section 11 of this chapter. The reinstatement must not take effect until ninety (90) days after the date of the petitioner's initial hearing. [Pre-1991 Recodification Citation: 9-11-4-18.] As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.16; P.L.2-2005, SEC.41.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026

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