2016 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 46. MISCELLANEOUS OFFENSES CHAPTER 9. OPERATING A MOTORBOAT WHILE INTOXICATED
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IC 35-46-9
Chapter 9. Operating a Motorboat While Intoxicated
IC 35-46-9-1
"Chemical test"
Sec. 1. As used in this chapter, "chemical test" means an analysis
of an individual's:
(1) blood;
(2) breath;
(3) urine; or
(4) other bodily substance;
for the determination of the presence of alcohol or a controlled
substance.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-2
"Intoxicated"
Sec. 2. As used in this chapter, "intoxicated" means under the
influence of:
(1) alcohol;
(2) a controlled substance;
(3) any drug (as defined in IC 9-13-2-49.1) other than alcohol
or a controlled substance;
(4) any combination of alcohol, controlled substances, or drugs;
or
(5) any other substance, not including food and food ingredients
(as defined in IC 6-2.5-1-20), tobacco (as defined in
IC 6-2.5-1-28), or a dietary supplement (as defined in
IC 6-2.5-1-16);
so that there is an impaired condition of thought and action and the
loss of normal control of an individual's faculties.
As added by P.L.40-2012, SEC.21. Amended by P.L.196-2013,
SEC.19.
IC 35-46-9-3
"Motorboat"
Sec. 3. (a) As used in this chapter, "motorboat" means a watercraft
(as defined in IC 14-8-2-305) propelled by:
(1) an internal combustion, steam, or electrical inboard or
outboard motor or engine; or
(2) any mechanical means.
(b) The term includes the following:
(1) A sailboat that is equipped with a motor or an engine
described in subsection (a) when the motor or engine is in
operation, whether or not the sails are hoisted.
(2) A personal watercraft (as defined in IC 14-8-2-202.5).
As added by P.L.40-2012, SEC.21.
Indiana Code 2016
IC 35-46-9-4
"Prima facie evidence of intoxication"
Sec. 4. As used in this chapter, "prima facie evidence of
intoxication" includes evidence that at the time of an alleged
violation there was an alcohol concentration equivalent (as defined
in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol
per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-5
"Relevant evidence"
Sec. 5. As used in this chapter, "relevant evidence" includes
evidence that at the time of the alleged violation there was an alcohol
concentration equivalent (as defined in IC 9-13-2-2.4) to at least
five-hundredths (0.05) gram and less than eight-hundredths (0.08)
gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-6
Operating a motorboat while intoxicated
Sec. 6. (a) Except as provided in subsections (b) and (c), a person
who operates a motorboat while:
(1) having an alcohol concentration equivalent (as defined in
IC 9-13-2-2.4) to at least eight-hundredths (0.08) 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;
(2) having a controlled substance listed in schedule I or II of
IC 35-48-2 or its metabolite in the person's body; or
(3) intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed);
(B) IC 14-15-8-8 (repealed);
(C) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Level 5 felony if the offense results in the
death of another person.
(d) It is a defense to a prosecution under subsection (a)(2) that the
accused person consumed the controlled substance under a valid
prescription or order of a practitioner (as defined in IC 35-48-1-24)
who acted in the course of the practitioner's professional practice.
As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014,
Indiana Code 2016
SEC.87; P.L.26-2016, SEC.3.
IC 35-46-9-7
Violation of an order not to operate a motorboat
Sec. 7. A person who operates a motorboat after the person has
been ordered not to operate a motorboat under:
(1) IC 14-15-8 (repealed); or
(2) this chapter;
commits a Class A misdemeanor.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-8
Implied consent
Sec. 8. (a) A person who operates a motorboat in water over
which Indiana has jurisdiction impliedly consents to submit to the
chemical test provisions of this chapter as a condition of operating
a motorboat in Indiana.
(b) If a person refuses to submit to a chemical test after having
been advised that the refusal will result in the suspension of
operating privileges or submits to a chemical test that results in prima
facie evidence of intoxication, the arresting law enforcement 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 is 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 of motor vehicles.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-9
Opportunity to submit to a chemical test
Sec. 9. (a) A law enforcement officer who has probable cause to
believe that a person has committed an offense under this chapter
shall offer the person the opportunity to submit to a chemical test. It
is not necessary for the law enforcement officer to offer a chemical
test to an unconscious person.
(b) A law enforcement officer may offer a person more than one
(1) chemical test under this chapter. However, all tests must be
administered within three (3) hours after the officer had probable
cause to believe the person violated this chapter.
(c) A person must submit to each chemical test offered by a law
enforcement officer to comply with the implied consent provisions
of this chapter.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-10
Indiana Code 2016
Chemical test required if accident results in serious bodily injury
or death
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.
IC 35-46-9-11
Arrest based on the results of a chemical test; refusal
Sec. 11. (a) If a chemical test results in relevant evidence that the
person is intoxicated, the person may be arrested for an offense under
this chapter.
(b) If a chemical test results in prima facie evidence that the
person is intoxicated, the person shall be arrested for an offense
under this chapter.
(c) A person who refuses to submit to a chemical test may be
arrested for an offense under this chapter.
(d) At a proceeding under this chapter, a person's refusal to submit
to a chemical test is admissible into evidence.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-12
Certification of chemical tests
Sec. 12. (a) The provisions of IC 9-30-6-5 concerning the
certification and use of chemical breath tests apply to the use of
chemical breath tests in a prosecution under this chapter.
(b) IC 9-30-6-6 applies to chemical tests performed under this
chapter.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-13
Suspension of license for refusal to submit to a chemical test
Sec. 13. If a person refuses to submit to a chemical test under this
Indiana Code 2016
chapter, the law enforcement officer shall inform the person that the
person's refusal will result in the suspension of the person's
motorboat and motor vehicle operation privileges.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-14
Duties of prosecuting attorney
Sec. 14. The prosecuting attorney of the county in which an
alleged violation of this chapter occurs shall represent the state in a
proceeding under this chapter.
As added by P.L.40-2012, SEC.21.
IC 35-46-9-15
Results of a chemical test admissible as evidence
Sec. 15. (a) At a proceeding concerning an offense under this
chapter, 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 sections 9 and 10
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 this chapter, 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 sections of 9 and 10 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; 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 motorboat.
However, this presumption is rebuttable.
As added by P.L.40-2012, SEC.21.
Indiana Code 2016
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