If you’re accused of driving under the influence (DUI) in Indiana and refuse to take a certified chemical test, you’re in for some serious consequences. To clear things up, we’re not talking about the handheld breathalyzer that officers might use during a traffic stop—refusing that won’t get you in trouble. What we’re talking about is the EC/IR II, the big gray machine at the police station that looks like an old Apple computer from the 1980s. This is the certified chemical breath test that can make or break your case.
The Officer’s Probable Cause
In Indiana, for a police officer to request a certified chemical test, they need probable cause. The most common scenario involves a traffic infraction coupled with the smell of alcohol. That’s enough for an officer to offer you the test. Other situations that could lead to this request include accidents involving alcohol or even a 911 call reporting suspicious driving behavior. But remember, it doesn’t take much—just a minor traffic violation and the smell of alcohol are sufficient under Indiana law.
The Officer’s Script and Your Choices
When an officer has probable cause, they’ll inform you that they believe you’ve been operating a vehicle while intoxicated and that they must offer you a certified chemical test. They’ll also tell you that refusing the test will result in a one-year suspension of your driver’s license, or two years if you have a prior DUI. This is known as “implied consent,” and by operating a vehicle in Indiana, you’ve already agreed to these terms.
At this point, you have two options: agree to the test or refuse it. But here’s where things get tricky—refusal isn’t always as straightforward as saying “no.” Your actions, inactions, or even your attitude can be interpreted as a refusal. For instance, pulling away when an officer touches your elbow or asking too many questions can be seen as non-cooperation and, therefore, a refusal.
What Happens if You Refuse?
Refusing the certified chemical test sets off a series of events. First, you’re likely to be arrested. In most Indiana counties, the officer will quickly obtain a search warrant for your blood. Contrary to some beliefs, warrants in Indiana are not reserved for serious accidents or deaths—they’re easy to get, even for minor traffic infractions combined with alcohol suspicion. Once the warrant is obtained, the officers will get your blood tested, and they’ll find out your blood alcohol content (BAC) along with any other substances present.
But that’s not the end of it. Your refusal triggers an automatic suspension of your driver’s license—one year if it’s your first offense, and two years if you’ve had a prior DUI. This suspension is in addition to any suspension you might face if you’re convicted of the DUI itself. Even worse, the refusal suspension is separate from the DUI suspension, meaning they stack on top of each other. And to make matters worse, many judges in Indiana are reluctant to grant driving privileges during a refusal suspension, even for essential activities like getting to work or medical appointments.
Why Refusing Doesn’t Make Sense
Given how easy it is for officers to obtain a warrant, refusing the test often doesn’t make sense. In almost all cases, the police will get the blood results anyway, and you’ll still have to deal with the refusal suspension on top of everything else. In central Indiana, where our firm practices, refusing the certified chemical test can complicate your case significantly, making an already difficult situation even worse.
At our firm, we handle many DUI cases, including those involving refusals. We work hard to show the court that our clients are responsible individuals, often encouraging proactive measures to help secure driving privileges as soon as possible. It’s not an easy road, but we do everything we can to assist our clients because we understand how crucial driving is in Indiana.
Make The Right Call
If you refuse to take a certified chemical test, you’re likely to lose your license and face additional complications in your DUI case. The officers will almost certainly get your blood test results anyway, making the refusal not only pointless but also detrimental. If you have questions about DUI defense or need help navigating a refusal situation, don’t hesitate to reach out. We’re passionate about DUI defense and are here to help. Remember, always plead the fifth and call us at 317-632-3642.
