Offer of test; administration of test
Sec. 3. (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. 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.2-1991, SEC.18. Amended by P.L.275-2001, SEC.3.
Last modified: May 27, 2006