Indiana Code
Ind. Code § 9-13-2-131 (2026)
"Prima facie evidence of intoxication"
✓ current as of May 2026
Sec. 131. "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation the person had an alcohol concentration equivalent 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.
[Pre-1991 Recodification Citation: 9-11-1-7.]
As added by P.L.2-1991, SEC.1. Amended by P.L.33-1997, SEC.3; P.L.1-2000, SEC.3; P.L.175-2001, SEC.2.
Notes of Decisions
Cited in 15
cases, 1992–2020 · leading case: Thomas M. Kunberger v. State of Indiana, 46 N.E.3d 966 (Ind. Ct. App. 2015).
Thomas M. Kunberger v. State of Indiana, 46 N.E.3d 966 (Ind. Ct. App. 2015). “Ind. Code § 9-13-2-131 (providing prima facie evidence of intoxication includes evidence the person had an ACE of at least 0.”
Platt v. State, 589 N.E.2d 222 (Ind. 1992). “[8] Now found at Ind. Code §§ 9-13-2-131 and 9-30-6-15 (West Supp.”
State of Indiana & Indiana Bureau of Motor Vehs. v. Nicholas Hargrave, 51 N.E.3d 255 (Ind. Ct. App. 2016). “See Ind. Code § 9-13-2-131 (stating that prima facie evidence of intoxication includes evidence that at the time of an alleged violation the person had an alcohol concentration equivalent to at least eight-hundredths (0.”
Temperly v. State, 933 N.E.2d 558 (Ind. Ct. App. 2010). “Ind.Code § 9-13-2-131. Prima facie evidence is evidence that will establish a fact or sustain judgment unless contradictory evidence is produced.”
Champlain v. State, 717 N.E.2d 567 (Ind. 1999). “Although there was no other instruction on point, the: refused instructions were not correct statements' of the law applicable to this case and were properly refused; The first instruction dealt with the definition of “[pjrima facie evidence of intoxication”' found in Indiana…”
Mullins v. State, 646 N.E.2d 40 (Ind. 1995). “Breath-test results in a prosecution for operating a vehicle while intoxicated under § 9-30-5-2 are also obviously relevant, but are especially relevant in light of § 9-13-2-131 (Burns 1991), which provides: " 'Prima facie evidence of intoxication' includes evidence that at the…”
Heath Poortenga v. State of Indiana, 99 N.E.3d 691 (Ind. Ct. App. 2018). “" Ind. Code § 9-13-2-131 . Thus, evidence relating to an individual's ACE is certainly relevant to prove intoxication when the individual's ACE is at least 0.”
Guy v. State, 678 N.E.2d 1130 (Ind. Ct. App. 1997). “” Pursuant to Ind. Code § 9-13-2-131 , prima facie evidence of intoxication includes evidence that at the time of the alleged violation there was at least ten-hundredths percent by weight of alcohol in the person’s blood.”
Nesvig v. Town of Porter, 668 N.E.2d 1276 (Ind. Ct. App. 1996). “Cope § 9-13-2-131 (1993) (replacing Inp.Cope § 9-11-1-7 (1988)) provides " 'pri-ma facie evidence of intoxication' includes evidence that at the time of an alleged violation there was at least ten-hundredths percent (0.”
State of Indiana v. Chad T. Mooney, Brittany McCool, 51 N.E.3d 281 (Ind. Ct. App. 2016). “See Ind.Code § 9-13-2-131 (stating prima facie evidence of intoxication includes evidence that at the time of an alleged violation the person had an ACE of at least 0.”
Robert P. Stoppenhagen v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). “He asserts that the jury was instructed pursuant to Ind. Code § 9-13-2-131 that prima facie evidence of intoxication includes evidence that at the time of an alleged violation there was at least eight-hundredths (.”
Hubert Wheat v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016). “See Ind. Code § 9-13-2-131 (stating that evidence of an ACE of at least 0.”
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