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.
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.
Last modified: May 27, 2006