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Current as of January 02, 2024 | Updated by FindLaw Staff
Sec. 6. A law enforcement agency may use the following chart to determine the minimum number of hours that a person arrested for an alcohol-related offense should be detained before his release pending trial:
BLOOD OR BREATH ALCOHOL LEVEL IN |
HOURS AFTER INITIAL READING IS TAKEN | |||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
GRAMS | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
.09 | .075 | .06 | .045 | .03 | .015 | .00 | .000 | .00 | .000 | .00 | .000 | .00 | .000 | .00 |
.10 | .085 | .07 | .055 | .04 | .025 | .01 | .000 | .00 | .000 | .00 | .000 | .00 | .000 | .00 |
.11 | .095 | .08 | .065 | .05 | .035 | .02 | .005 | .00 | .000 | .00 | .000 | .00 | .000 | .00 |
.12 | .105 | .09 | .075 | .06 | .045 | .03 | .015 | .00 | .000 | .00 | .000 | .00 | .000 | .00 |
.13 | .115 | .10 | .085 | .07 | .055 | .04 | .025 | .01 | .000 | .00 | .000 | .00 | .000 | .00 |
.14 | .125 | .11 | .095 | .08 | .065 | .05 | .035 | .02 | .005 | .00 | .000 | .00 | .000 | .00 |
.15 | .135 | .12 | .105 | .09 | .075 | .06 | .045 | .03 | .015 | .00 | .000 | .00 | .000 | .00 |
.16 | .145 | .13 | .115 | .10 | .085 | .07 | .055 | .04 | .025 | .01 | .000 | .00 | .000 | .00 |
.17 | .155 | .14 | .125 | .11 | .095 | .08 | .065 | .05 | .035 | .02 | .005 | .00 | .000 | .00 |
.18 | .165 | .15 | .135 | .12 | .105 | .09 | .075 | .06 | .045 | .03 | .015 | .00 | .000 | .00 |
.19 | .175 | .16 | .145 | .13 | .115 | .10 | .085 | .07 | .055 | .04 | .025 | .01 | .000 | .00 |
.20 | .185 | .17 | .155 | .14 | .125 | .11 | .095 | .08 | .065 | .05 | .035 | .02 | .005 | .00 |
.21 | .195 | .18 | .165 | .15 | .135 | .12 | .105 | .09 | .075 | .06 | .045 | .03 | .015 | .00 |
.22 | .205 | .19 | .175 | .16 | .145 | .13 | .115 | .10 | .085 | .07 | .055 | .04 | .025 | .01 |
.23 | .215 | .20 | .185 | .17 | .155 | .14 | .125 | .11 | .095 | .08 | .065 | .05 | .035 | .02 |
.24 | .225 | .21 | .195 | .18 | .165 | .15 | .135 | .12 | .105 | .09 | .075 | .06 | .045 | .03 |
.25 | .235 | .22 | .205 | .19 | .175 | .16 | .145 | .13 | .115 | .10 | .085 | .07 | .055 | .04 |
.26 | .245 | .23 | .215 | .20 | .185 | .17 | .155 | .14 | .125 | .11 | .095 | .08 | .065 | .05 |
Note: In order to find when a person will reach the legal blood or breath alcohol level, find the blood or breath alcohol level reading in the left hand column, go across and find where the blood or breath alcohol level reading is an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to below 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, then read up that column to find the minimum number of hours before the person can be released.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-33-1-6 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-33-1-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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