Sec. 4. (a) If a chemical test conducted under this
chapter involves an analysis of breath, the test must comply with the
requirements under IC 9-30-6-5.
(b) IC 9-30-6-6 applies if a physician or a person trained in
obtaining bodily substance samples who is acting under the direction
of or under a protocol prepared by a physician or who has been
engaged to obtain bodily substance samples:
(1) obtains a blood, urine, or other bodily substance sample from
a person at the request of a law enforcement officer who acts
under this section; or
(2) performs a chemical test on blood, urine, or another bodily
substance obtained from a person under this section.
[Pre-1991 Recodification Citation: 9-4-1-39.1(e)
part.]
As added by P.L.2-1991, SEC.18.
Notes of Decisions
Cited in
5
cases, 2004–2016 · leading case:
Abney v. State, 811 N.E.2d 415 (Ind. Ct. App. 2004).
Abney v. State, 811 N.E.2d 415 (Ind. Ct. App. 2004).
· cites it 6× “Furthermore, Ind.Code § 9-30-7-4(b) (1998) provides that "[Ind.”
State of Indiana v. David Bisard, 973 N.E.2d 1229 (Ind. Ct. App. 2012).
· cites it 6× “2 Section 9-30-7-4 (1991) directs that certain operational requirements will apply to tests in cases involving death or serious injury: (a) If a chemical test conducted under this chapter involves an analysis of breath, the test must comply with the requirements under IC…”
Temperly v. State, 933 N.E.2d 558 (Ind. Ct. App. 2010).
· cites it 2× “Indiana Code § 9-30-7-4 specifically references provisions of Chapter 6 and provides: (a) If a chemical test conducted under this chapter involves an analysis of breath, the test must comply with the requirements under IC 9-30-6-5.”
State v. Whitney, 889 N.E.2d 823 (Ind. Ct. App. 2008).
· cites it 2× “” Ind. Code § 9-30-7-4 (a). Ind.Code 9-30-6-5’s foundational requirements for admission of chemical breath tests include a certified operator, certified equipment, and approved operation techniques.”
Kyle Hutton v. State of Indiana (mem. dec.), No. 47A04-1503-CR-117 (Ind. Ct. App. Mar. 16, 2016).
· cites it 2× “Although Officer Lee offered Hutton a blood test under Chapter 9-30-7, Section 9-30-6-6 is applicable pursuant to Indiana Code Section 9-30-7-4(b), which provides, IC 9-30-6-6 applies if a physician or a person trained in obtaining bodily substance samples who is acting under…”
Ind. Code § 9-30-7-4(b): 3 cases
Abney v. State, 811 N.E.2d 415 (Ind. Ct. App. 2004).
“Furthermore, Ind.Code § 9-30-7-4(b) (1998) provides that "[Ind.”
State of Indiana v. David Bisard, 973 N.E.2d 1229 (Ind. Ct. App. 2012).
“2 Section 9-30-7-4 (1991) directs that certain operational requirements will apply to tests in cases involving death or serious injury: (a) If a chemical test conducted under this chapter involves an analysis of breath, the test must comply with the requirements under IC…”
Kyle Hutton v. State of Indiana (mem. dec.), No. 47A04-1503-CR-117 (Ind. Ct. App. Mar. 16, 2016).
“Although Officer Lee offered Hutton a blood test under Chapter 9-30-7, Section 9-30-6-6 is applicable pursuant to Indiana Code Section 9-30-7-4(b), which provides, IC 9-30-6-6 applies if a physician or a person trained in obtaining bodily substance samples who is acting under…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.