The Shock of a Suspended License
Picture this: You get pulled over, the officer suspects you’ve been drinking, and they ask you to take a breath or blood test. Maybe you were confused. Maybe you weren’t given a clear explanation of the consequences. Maybe you didn’t trust the testing process. For whatever reason, you refused. Now, you’re facing a license suspension—even though you haven’t been convicted of DUI.
This is a reality for many drivers in Indiana. The moment you refuse a chemical test, the Bureau of Motor Vehicles (BMV) automatically suspends your license, even if your case hasn’t gone to court. Worse, this suspension is separate from any potential DUI penalties, meaning you could face an even longer period without driving privileges.
If you or a loved one is in this situation, it’s crucial to understand how DUI refusal suspensions work, how long they last, and—most importantly—what legal options you have.
Understanding Indiana’s Implied Consent Law
Under Indiana Code 9-30-6-1, simply by driving in Indiana, you automatically consent to chemical testing if a law enforcement officer believes you are under the influence. This is called implied consent.
If you refuse a breath, blood, or urine test, you don’t just get a slap on the wrist. You face an automatic suspension of your license—even if you were completely sober.
Why does Indiana have such a harsh rule?
The state believes that refusing a chemical test interferes with law enforcement’s ability to determine whether someone is driving under the influence. To discourage refusals, the law punishes refusal itself—not just DUI convictions.
What Happens When You Refuse a Chemical Test?
Once you refuse, several things happen immediately:
- The Officer Certifies the Refusal
- The arresting officer fills out and submits paperwork confirming that you refused testing.
- Your License is Suspended by the BMV
- This administrative suspension is automatic and does not depend on whether you are ultimately convicted of DUI.
- Your DUI Case Moves Forward Separately
- You will still be prosecuted for DUI if the state believes there is enough evidence against you.
Two Different License Suspensions
There are two possible license suspensions you need to worry about:
- Refusal Suspension (Issued by the BMV)
- DUI Suspension (Ordered if you’re convicted)
Unfortunately, these do not run at the same time—they stack on top of each other.
How Long Will My License Be Suspended?
The length of your suspension depends on your prior history. Here’s what you’re facing:
|
DUI Refusal Situation |
License Suspension |
|
First-time DUI with refusal |
1-year refusal suspension + up to 1-year DUI suspension = up to 2 years total |
|
DUI with refusal and prior DUI(s) |
2-year refusal suspension + minimum 1-year DUI suspension = at least 3 years total |
These suspensions are severe—especially if you need to drive for work or family obligations.
Can You Get a Hardship License?
Most people assume that if their license is suspended, they can apply for specialized driving privileges (a hardship license) that lets them drive to work or school. Unfortunately, this does not apply to refusal suspensions.
That means if you refused a test, you will likely be completely unable to drive for at least a year—unless a judge agrees to lift the refusal suspension later.
Some judges in Indiana may allow driving privileges if you install an ignition interlock device (IID) on your vehicle, but most judges refuse to grant this exception.
How to Fight a DUI Refusal Suspension
1. Challenge the Refusal in Court
Just because an officer claims you refused a test doesn’t mean it’s true. A DUI attorney can challenge the refusal by arguing:
- The officer did not properly inform you of the consequences of refusal.
- You were unable to consent (e.g., due to confusion, medical issues, or language barriers).
- The refusal was misinterpreted (e.g., you were asking questions, not refusing).
2. Fight to Have the Refusal Suspension Lifted
At the conclusion of your DUI case, your attorney can ask the judge to lift the refusal suspension—but only if it’s in the best interest of society.
This is a very subjective standard. Judges don’t care about personal hardship (e.g., “I need my license to get to work”). Instead, they care about whether the community suffers if you can’t drive.
For example:
- Do you own a business that employs people?
- Do you provide transportation for a disabled family member?
- Do you work in a field that benefits the public (e.g., healthcare, law enforcement)?
If you can prove that your inability to drive negatively impacts others, you may have a shot at getting your license back sooner.
Why Hiring a DUI Attorney Immediately is Critical
Refusal cases are complex, and many people make mistakes that make their situation worse. Here’s why you need an attorney as soon as possible:
- Know the Judges – Some judges never lift refusal suspensions, while others may consider it. A good attorney knows the difference.
- Identify Police Mistakes – If the officer failed to follow procedure, your refusal could be thrown out.
- Negotiate with the Prosecutor – In some cases, a plea deal can help reduce or eliminate the license suspension.
- Help You Get Your License Back Sooner – The sooner you take action, the stronger your case will be.
What You Need to Do Right Now
If you’ve refused a chemical test and are facing a license suspension, you cannot afford to wait.
We handle DUI refusal cases every day, and we know how to navigate the system to give you the best chance of getting your license back and minimizing the damage.
Time is critical. The longer you wait, the harder it becomes to fight your case. Don’t wait until it’s too late. Call The Marc Lopez Law Firm today at 463-276-5737, and remember—always plead the Fifth!
