What happens if I refuse to take a breathalyzer test in Indiana? Well, all states, Indiana included, have “implied consent laws” that come into effect when you are tested for BAC and your BAC is either over legal limit of .08 percent or if you refuse to take a chemical test for BAC when requested by an officer. When an Indiana breathalyzer test is administered at a roadside location, or any other location for that matter, Indiana drivers have an implied consent to taking a certified breathalyzer test. While chemical testing, which is completed via blood or urinalysis is administered at a medical or detention facility.

Per Se Intoxication

Under the Indiana implied consent law, there is a good chance that you will be arrested for “per se intoxication“. Per se intoxication means that when you refuse chemical testing or refuse to take a field sobriety test, you can be prepared for the officer to exercise their ability to place you under arrest for suspicion of DUI, but only if the officer has probable cause that you have been driving under the influence.

portable breath test

Submit to a Chemical Test

If you have been pulled over by an officer for the suspicion of a DWI or an OVWI, you will be asked to take a certified chemical test to determine your if individual BAC is at .08 or higher. Refusal to submit to the chemical test will mean an automatic license suspension.

A Chemical Test Can Determine an OVWI 

Indiana’s implied consent rules dictates that a person who refuses to submit to one or more Certified Chemical Tests will have their driving privileges suspended for an extended period of time. Additionally, a person who refuses a Certified Chemical Test is not eligible for a Specialized Driving Privileges waiver. Be aware, that your refusal to submit to a chemical test given to you by an officer to determine if you are to be arrested for a DUI is an important decision.

arrested for not taking test

Implied Consent in Indiana Can Mean a Possible Arrest

Indiana’s driving laws take the position that driving is a privilege, not a right. Because driving is considered a privilege, law enforcement officers have the responsibility to determine if you are a danger to the public while driving a vehicle. Some reasons that an officer may cite as probable cause to pull you over for a DUI in Indiana are the following:

  • Weaving in traffic
  • Illegal lane change
  • Driving without headlights

Often officers may place you under arrest if you are unable to produce a license or proof of insurance, or an SR-50 insurance coverage. Your SR-50 must show that you had active insurance at the time of the incident. Without SR-50 coverage, you risk suspension of your drivers license.

Indiana’s Implied Consent Law Has Several Defenses

Your Indiana DUI lawyer is skilled in a number of potential defenses against the implied consent law. It’s best to contact a highly rated criminal lawyer to help you to navigate the justice process so that you can achieve the best possible outcome. Call The Law Office of Jesse K. Sanchez at 317-721-9858 today, we are here to help you with a proper DUI defense.