Indiana Code
Ind. Code § 9-30-7-1 (2025)
Definitions
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 1. (a) As used in this chapter, "portable breath test" means a hand held apparatus that measures the alcohol concentration in a breath sample delivered by a person into the mouthpiece of the apparatus.
(b) As used in this chapter, "fatal accident" means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in:
(1) death; or
(2) bodily injury that gives a law enforcement officer reason to believe that the death of at least one (1) person is imminent.
[Pre-1991 Recodification Citation: 9-4-1-39.1(b) part.]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.1.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2001–2025 · leading case: State v. Whitney, 889 N.E.2d 823 (Ind. Ct. App. 2008).
State v. Whitney, 889 N.E.2d 823 (Ind. Ct. App. 2008). “” Ind. Code § 9-30-7-1 (1). Several Indiana Code Sections suggest our General Assembly intended portable breath tests and chemical tests to be mutually exclusive categories.”
Brown v. State, 744 N.E.2d 989 (Ind. Ct. App. 2001). “Cope § 9-30-7-1. 2 . A metabolite is a product of the sum of the processes by which a particular substance is handled (as by assimilation and incorporation or by detoxification and excretion) in the living process.”
Armstrong v. State, 818 N.E.2d 93 (Ind. Ct. App. 2004). “Ind.Code § 9-30-7-1(b) (2004). This definition clearly contemplates that an incident other than a collision could be a "fatal accident" for purposes of that statute.”
State v. Lucas, 934 N.E.2d 202 (Ind. Ct. App. 2010). “See Ind.Code § 9-30-7-1(a). PBTs are akin to general field sobriety tests and provide officers with a simple method for making a threshold determination as to whether a person has consumed alcohol.”
State of Indiana v. Dennis R Poland, Jr., 269 N.E.3d 1252 (Ind. Ct. App. 2025). “7 Ind. Code § 9-30-7-1 (b) provides: “As used in this chapter, ‘fatal accident’ means an accident, a collision, or other occurrence that involves at least one (1) vehicle and that results in: (1) death; or (2) bodily injury that gives a law enforcement officer reason to believe…”
Ind. Code § 9-30-7-1(a): 1 case
State v. Lucas, 934 N.E.2d 202 (Ind. Ct. App. 2010). “See Ind.Code § 9-30-7-1(a). PBTs are akin to general field sobriety tests and provide officers with a simple method for making a threshold determination as to whether a person has consumed alcohol.”
Ind. Code § 9-30-7-1(b): 1 case
Armstrong v. State, 818 N.E.2d 93 (Ind. Ct. App. 2004). “Ind.Code § 9-30-7-1(b) (2004). This definition clearly contemplates that an incident other than a collision could be a "fatal accident" for purposes of that statute.”
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