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.
(3) Send a copy of the probable cause affidavit submitted under
subdivision (2) to the bureau.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006