If you’re facing a DUI charge in Indiana, it’s possible that the term chemical test refusal will come up. This comes up when an officer is conducting a DUI investigation, and the driver refuses to take a chemical test.
According to Indiana’s implied consent statute, anyone who drives in Indiana has already implicitly agreed to submit to a chemical test. When did you agree to that? When you decided to drive.
Simply by driving around, you’re signaling to police that you’re willing to take a chemical test as part of a DUI investigation. The investigating officer then has an obligation to explain to you that if you refuse the chemical test, your license will be automatically suspended for a year. A surprising number of people still refuse the chemical test.
What Is a Refusal Hearing?
A refusal hearing allows your attorney the chance to argue that there was some sort of misunderstanding. Whatever happened, your behavior didn’t amount to a knowing refusal, and you shouldn’t be subjected to the year-long refusal suspension. This is not as easy as it sounds.
During a refusal hearing, your attorney can question the officer’s conduct during the stop. For example:
- Did the officer properly inform you of the consequences of a chemical test refusal?
- Were you actively defiant, or were there technical issues with the actual performance of the test?
The problem is, when an officer asks if you’ll submit to a certified chemical test, anything less than a full-throated YES can be interpreted as a refusal. You don’t need to make a scene or declare that you formally refuse this invasion of your privacy.
Silence or seemingly evasive answers— even if you never say no directly—can get you marked as a refusal. Once that happens, even a skilled Indiana DUI lawyer has an uphill battle trying to argue that you didn’t intend to refuse the officer’s request.
What Happens When You’re Pulled Over?
If you’re pulled over in Indiana for suspicion of DUI, the officer will be looking for common signs of intoxicated driving. These indicators include but aren’t limited to:
- the smell of alcohol on your breath;
- slurred speech;
- glassy or bloodshot eyes;
- soiled clothing; and
- visible alcohol containers in your vehicle.
If the officer observes signs of intoxication, you’ll likely be asked to perform one or more field sobriety tests. The standardized field sobriety tests used most consistently by Indiana officers are:
- the horizontal gaze nystagmus (HGN), where the officer checks for involuntary jerking of the eyes as you’re asked to track a moving stimulus (like a pen)
- the one-legged stand, where you’re asked to balance on one leg and count to a certain number
- the walk-and-turn, where you’re asked to a straight line for a certain number of steps, turn, and then return along the same path.
If the investigating officer sees that you’re having trouble with one or more of these tests, the next step is for them to ask you if you’re willing to submit to a certified chemical test.
Certified Chemical Test: Breath or Blood?
In Indiana, the officer can request either a certified breath test or a blood draw. The handheld breathalyzer carried by police is not a certified breath test. Those results are not admissible in court, which is why the police need to take you to the station and have you blow into a bigger machine that measures the alcohol concentration equivalent (ACE) of your breath.
If the breath test machine isn’t working properly—or if you refuse to cooperate with the testing—the officer will get a warrant for a blood draw. This is typically performed at a hospital, and your blood is then sent for laboratory analysis.
When Can an Officer Decide That You Have Refused?
Some people can be very rigid in their behavior. If you get a rigid-type officer investigating you for DUI, and they ask you if you’re willing to submit to a certified chemical test, your answer needs to be an unambiguous yes. Anything other than a clearly affirmative response can be construed as a refusal. This might mean:
- being asleep and unresponsive;
- being awake and unresponsive;
- being argumentative with the investigating officer;
- repeating evasive questions like, Do I have to? or Can you please just let me go home?;
- trying to negotiate or otherwise delay the testing process.
Any hesitation at all has the potential to get you marked as a refusal, and this results in an automatic licenses suspension. Don’t forget that before you get to sleep in your own bed, the officer will get a warrant, and they will take you for a blood draw. A refusal never prevents the chemical test from happening. It only delays it.
Challenging a Refusal Suspension
If you believe you’ve been wrongfully accused of refusing a certified chemical test, you have the right to request a hearing in front of the judge. During this hearing, the police officer who pulled you over must testify about the incident, and your attorney can challenge their claims. It’s possible for the judge to reverse the refusal suspension but remember—judges are inclined to take an officer at their word.
Even if the refusal suspension stands, your attorney can request that instead of being suspended for a year, the judge order you can only drive a vehicle that has an ignition interlock device (IID) installed in it. This decision is entirely up to the judge.
Why You Need an Indiana DUI Lawyer
Facing a refusal suspension in Indiana is serious, and the consequences can drastically affect your life. Not being able to drive for a year or more can impact your job, your family, and even your health. This is why it’s so important to hire an experienced Indiana DUI lawyer.
The Marc Lopez Law Firm understands the severity of refusal cases and the importance of driving to our clients. If you or someone you know is facing DUI charges with a refusal suspension, give us a call at 317-632-3642 and remember—always plead the 5th!
