Sec. 10. (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.
As added by P.L.40-2012, SEC.21.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 9. Operating a Motorboat While Intoxicated
35-46-9-4. "Prima Facie Evidence of Intoxication"
35-46-9-5. "Relevant Evidence"
35-46-9-6. Operating a Motorboat While Intoxicated
35-46-9-7. Violation of an Order Not to Operate a Motorboat
35-46-9-9. Opportunity to Submit to a Chemical Test
35-46-9-10. Chemical Test Required if Accident Results in Serious Bodily Injury or Death
35-46-9-11. Arrest Based on the Results of a Chemical Test; Refusal
35-46-9-12. Certification of Chemical Tests
35-46-9-13. Suspension of License for Refusal to Submit to a Chemical Test
35-46-9-14. Duties of Prosecuting Attorney
35-46-9-15. Results of a Chemical Test Admissible as Evidence