In Indiana, by operating a vehicle, you implicitly consent to a chemical test if you are suspected of drinking and driving. It's crucial to understand the implications of refusing such a test, as it can significantly impact your driving privileges and any related criminal cases. Here’s what you need to know about Indiana’s implied consent law and the consequences of refusing a chemical test.
Indiana’s Implied Consent Law
Under Indiana Code 9-30-6-1, the state’s implied consent law, anyone driving a vehicle in Indiana consents to submit to a chemical test as a condition of driving in the state. According to Indiana Code 9-13-2-22, a chemical test involves analyzing a person’s blood, breath, urine, or other bodily substances to detect the presence of alcohol, controlled substances, or drugs.
For the implied consent law to apply, a law enforcement officer must have probable cause to believe the driver is under the influence. Probable cause can be based on the officer’s observations, results from a portable breath test (PBT) or field sobriety tests, or other evidence suggesting the driver was committing a crime. The chemical test must be administered within three hours of establishing probable cause.
Penalties for Refusing a Chemical Test
Refusing a chemical test under Indiana’s implied consent law results in an automatic one-year suspension of your driver’s license. However, there are potential challenges you can pursue.
It’s essential to distinguish between different types of tests. The implied consent law does not apply to portable breathalyzer tests (PBT), and their results are inadmissible in court. Drivers also have the right to refuse field sobriety tests, which are used to gather evidence against them. Refusing these tests may prevent the officer from obtaining enough information to establish probable cause for a required chemical test under the implied consent law.
When an officer has probable cause and requests a chemical test, they must read the Indiana Implied Consent Warning. This warning informs the driver that refusing the chemical test will lead to a one-year license suspension or a two-year suspension for those with prior convictions.
Refusing the chemical test doesn’t prevent law enforcement from charging you with DUI. They can seek a search warrant to compel a test and use your refusal against you in criminal trials and administrative proceedings regarding your license suspension. Moreover, refusal suspensions do not qualify for specialized driving privileges. You cannot request exceptions for driving to work, school, or medical appointments. However, a lawyer might help you install an ignition interlock device in your vehicle, allowing you to drive legally despite an implied consent refusal.
Contact Brinkley Law for a Free, No-Obligation Consultation
At Brinkley Law, our experienced criminal defense attorney is well-versed in Indiana’s implied consent law. We have successfully achieved early termination of license suspensions and secured specialized driving privileges for clients who refused chemical tests. Brinkley Law also has extensive experience defending clients against OWI charges.
To learn more about how we can assist you, call (317) 643-1813 for a confidential consultation.