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.
