What Happens If I Refuse a Breathalyzer in a DUI Stop?

In Indiana, you consent beforehand to a chemical test if you are suspected of drinking and driving. It’s important to understand what happens if you later refuse a test in violation of the implied consent and how it can impact your driving privileges and any resulting criminal case.

Indiana’s Implied Consent Law

Indiana Code 9-30-6-1 is the state’s implied consent law. Under this law, anyone who operates a vehicle in Indiana impliedly consents to submit to a chemical test as a condition of operating the vehicle in the state. Indiana Code 9-13-2-22 defines a chemical test as “an analysis of a person’s blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance or its metabolite, or a drug or its metabolite.”

For the implied consent law to apply, a law enforcement officer must have probable cause to believe the driver is driving under the influence of alcohol or drugs. Probable cause may be based on the officer’s observations, the results of a portable breath test or field sobriety tests, or other evidence that would lead a reasonable person to believe the driver was committing a crime. The officer must administer the chemical test within three hours after probable cause is formed.

Penalties for Refusing a Breathalyzer

Refusing a chemical test required by Indiana’s implied consent law can lead to an automatic one-year suspension of a person’s driver’s license. However, there may be ways to challenge this.

Additionally, drivers need to know what the implied consent rules do and do not apply to. While officers may ask to administer a portable breathalyzer test (PBT), implied consent rules do not apply to this test, and its results are inadmissible in court. Additionally, drivers have a right to refuse field sobriety tests. These tests are only used to obtain evidence against the driver, so refusing them may be able to prevent the officer from having adequate information to find probable cause to require an actual chemical test required under the implied consent law.

When a law enforcement officer has probable cause to request a chemical test and does so, they must read the Indiana Implied Consent Warning. This warning explains the law and informs the driver that refusing to submit to the chemical test will result in a one-year suspension of their driver’s license or a two-year suspension if they have a prior conviction.

Refusal to submit to the chemical test will not necessarily prevent law enforcement from being able to charge you with DUI. They can seek a search warrant to compel a test. Additionally, they can use your refusal against you at any subsequent criminal trial and administrative proceeding regarding your license suspension.

Additionally, refusal suspensions are not eligible for specialized driving privileges, so you cannot ask for driving privilege exceptions to go to and from work, school, or the doctor. However, an Indianapolis DUI lawyer may be able to request that you install an ignition interlock device onto your vehicle so that you can legally drive a vehicle even after an implied consent refusal.

Contact The Criminal Defense Team for a Free, No-Obligation Consultation

At The Criminal Defense Team, our accomplished criminal defense attorneys in Indianapolis understand the legal intricacies of Indiana’s implied consent law. We have had success attaining early termination of license suspensions and having specialized driving privileges granted to our clients who have refused chemical tests. We also have extensive experience defending clients against OWI charges. Learn more about how we can help when you call (317) 678-9853 for a confidential consultation.