§ 5-65-201. Rules

The Department of Health may promulgate rules reasonably necessary to carry out the purposes of this subchapter.

§ 5-65-202. Implied consent

(a) A person who operates a motorboat on the waters of this state or a motor vehicle or is in actual physical control of a motorboat on the waters of this state or a motor vehicle is deemed to have given consent, subject to § 5-65-203, to one (1) or more chemical tests of his […]

§ 5-65-203. Administration of a chemical test

(a) One (1) or more chemical tests authorized in § 5-65-202 shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating or in actual physical control of a motorboat on the waters of this state or a motor vehicle while intoxicated or while […]

§ 5-65-204. Validity — Approved methods

(a) (1) As used in this chapter, § 5-10-105, § 5-75-101 et seq., and § 5-76-101 et seq. [repealed], “alcohol concentration” means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of […]

§ 5-65-205. Refusal to submit to a chemical test

(a) (1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in § 5-65-202: (A) A chemical test shall not be given; (B) The person’s motor vehicle operator’s license, permit, or other evidence of driving privilege […]

§ 5-65-206. Evidence in prosecution — Presumptions

(a) (1) It is presumed at the trial of a person who is charged with a violation of § 5-65-103 that the person was not intoxicated if the alcohol concentration of the person’s blood, urine, breath, or other bodily substance is four hundredths (0.04) or less by weight as shown by chemical analysis at the […]

§ 5-65-207. Alcohol testing devices

(a) (1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis: […]

§ 5-65-208. Motor vehicle and motorboat accidents — Testing required

(a) When the driver of a motor vehicle or operator of a motorboat on the waters of this state is involved in an accident resulting in loss of human life, when there is reason to believe death may result, or when a person sustains serious physical injury, a chemical test of the driver’s or operator’s […]