Getting pulled over for drunk driving is stressful enough. Add in a chemical test refusal, and things can go from bad to worse in an instant. Many people don’t realize how easy it is to be marked as a “refusal” in Indiana and how severe the penalties are if it happens to you.
At the Marc Lopez Law Firm, we’ve handled thousands of DUI and OVWI cases. We know how the law works, how officers apply it, and how judges view refusals. If you’ve been charged with DUI, OVWI, or DWI in Indiana and a refusal is on the table, here’s what you need to know.
What Is a DUI Refusal in Indiana?
Indiana has what’s called the Implied Consent Law. If an officer has probable cause to believe you were operating a vehicle while intoxicated, they must offer you a certified chemical test — usually a breath test, sometimes blood.
The catch? It might sound like a request, but under Indiana law, it’s essentially mandatory. Anything short of an immediate and unqualified “yes” can be considered a refusal.
Examples of refusals include:
- Hesitating too long before answering.
- Asking too many follow-up questions like “Can I call my spouse?” or “What would you do if you were me?”
- Appearing confused or panicked during the process.
- Even saying “yes” but then pulling away physically when directed to the testing area.
Police have enormous discretion in these situations. One officer might allow you a few minutes to collect your thoughts. Another might mark you down as a refusal after two questions.
And here’s the kicker: courts consistently uphold these refusals, even when the circumstances seem unfair.
Why Refusals Are So Serious
You might be thinking: If I refuse, they won’t have proof I was drunk. Unfortunately, it doesn’t work that way. There are significant consequences with a refusal.
- License Suspension
- First-time refusal = 1-year license suspension
- Prior DUI conviction = 2-year suspension
These penalties are in addition to any DUI suspension. That means you could be hit with two separate suspensions from a single incident.
- No Specialized Driving Privileges
Many drivers rely on specialized driving privileges to get to work, school, or medical appointments after a DUI. Refusals are different. The law flat-out says specialized driving privileges do not apply.
If you refuse, you may lose your driving privileges entirely, with no legal workaround. - Evidence Against You
The Refusal itself is admissible in court. On top of that, police can still get a warrant for a blood draw. That means prosecutors may end up with your test results and your refusal to use against you.
Can a Refusal Be Challenged?
While difficult, there are ways to fight a refusal. Here are the three main strategies:
1. Refusal Hearing
You can request a hearing where a judge decides if your actions really counted as a refusal. Success is rare — you’re asking the judge to say the officer was wrong, and most judges are reluctant to do that.
2. Negotiating with the Prosecutor
Sometimes, prosecutors can be convinced to drop the refusal, often in exchange for a guilty plea. This isn’t ideal, but in certain situations, it may be the best way to protect your license.
3. Arguing Best Interests of Society
At sentencing, you may argue that restoring your driving privileges benefits society — for example, because you need to drive to support your family or run your business. Judges don’t always buy this argument, but in some cases, it can work.
Why You Need a Criminal Defense Attorney Immediately
Here’s the hard truth: refusals are easy to get, but nearly impossible to undo. Too many people call our office after they’ve already pled guilty elsewhere, only to find out their license is a mess. By then, options are extremely limited.
If you’re facing a DUI or OVWI refusal in Indiana, the best move you can make is to get an experienced criminal defense attorney on your side immediately. At the Marc Lopez Law Firm, we know how prosecutors and judges in Central Indiana handle refusal cases. We know what works, what doesn’t, and how to put you in the best position possible from the very beginning.
The Bottom Line
- Refusals in Indiana are unfairly easy to get.
- The penalties are severe: multiple suspensions, no specialized driving privileges, and extra evidence against you.
- The earlier you hire a criminal defense attorney, the better your chances of protecting your license and your future.
If you’ve been charged with DUI, OVWI, or drunk driving in Indiana and refusal is part of your case, don’t wait. Call the Marc Lopez Law Firm at 317-632-3642 today. We handle DUI and criminal defense cases across Marion, Hamilton, Hancock, Hendricks, Johnson, Boone, Morgan, and Monroe Counties — and we know how to fight for you.
And remember: always plead the 5th.
