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You’re on the side of the road. The lights are flashing behind you. The officer has already asked where you’re coming from, how much you’ve had to drink, and whether you’ll step out of the vehicle.
Then come the field sobriety tests.
Maybe you think you did fine. Maybe you know you didn’t. Either way, the officer believes there’s enough evidence to move forward with an OWI investigation. In Indiana, what most people call DUI or drunk driving is formally known as OVWI, which stands for operating a vehicle while intoxicated.
Now the officer reads you Indiana’s implied consent warning and asks you to submit to a chemical test.
This is where a lot of people make a decision that feels smart in the moment and creates a full-blown license nightmare later.
The thought process is understandable: If I refuse the test, they won’t have the evidence to convict me.
In some states, that might be a strategic consideration. In Indiana, it is usually just a good way to hurt your ability to drive.
In an Indiana OWI case, a chemical test usually means a certified breath test, blood test, or urine test used to determine whether alcohol or drugs are present in your system.
This is different from the roadside portable breath test that officers may use during an investigation. The chemical test tied to implied consent is the formal test the officer offers after developing probable cause.
Indiana’s implied consent law says that a person who operates a vehicle in Indiana has already consented to chemical testing as a condition of driving here. Put another way: by driving on Indiana roads, you have made a deal with the State. If an officer has probable cause in an OWI investigation, Indiana law expects you to submit to the chemical test.
That doesn’t mean the officer can do whatever they want. It does mean that a refusal can trigger consequences that are separate from the criminal case.
The refusal statute is found at Indiana Code § 9-30-6-7. The key language is straightforward: if a person refuses to submit to a chemical test, the arresting officer must inform the person that refusal will result in the suspension of the person’s driving privileges.
The statute also says that if a person refuses after being advised of the suspension consequences, or submits to a chemical test that results in prima facie evidence of intoxication, the officer must take certain steps. These include obtaining the person’s license or permit if available and submitting a probable cause affidavit to the prosecutor.
That warning is not just background noise. It can become one of the most important parts of the case.
Why? Because if the officer fails to properly advise you, reads the warning incorrectly, gives confusing instructions, or creates uncertainty about what you were being asked to do, that may create an argument against the refusal suspension.
If the officer says you refused a chemical test, you may be looking at an administrative license suspension through the BMV.
Under Indiana Code § 9-30-6-9, a chemical test refusal can result in:
This is not the same thing as being convicted of OWI. That’s one of the most frustrating parts for people facing drunk driving charges in Indiana.
You can be fighting the criminal case and still be dealing with the license consequences of an alleged refusal.
In practical terms, this can mean no driving to work, no driving the kids to school, no driving to court, no driving to treatment, and no easy way to handle the everyday obligations that keep your life together.
No one wants to explain to their boss that they can’t get to work because of a roadside decision they made under pressure.
Most people think a DUI or OVWI case is one case.
That’s not quite right.
In Indiana, an OWI arrest can create two separate fights:
This is the case where the State may charge you with operating a vehicle while intoxicated, operating with an alcohol concentration equivalent of .08 or more, operating with a controlled substance in your system, or related offenses.
This is the case where jail time, probation, fines, substance abuse treatment, and a criminal conviction may be on the table.
This is the part most people think about when they start searching for a criminal defense attorney, DUI lawyer, or OWI attorney.
Separate from the criminal case, the court and the BMV may take action against your driver’s license.
There may be a probable cause suspension based on a chemical test result. There may also be a refusal suspension if the officer claims you refused the test.
These suspensions do not all work the same way.
A probable cause suspension may allow for specialized driving privileges in many cases. That can mean limited driving for work, school, treatment, childcare, or other necessary responsibilities.
A refusal suspension is much harder. Indiana’s specialized driving privilege statute generally excludes people seeking specialized driving privileges for a suspension based on refusing a chemical test under Indiana Code 9-30-6 or 9-30-7. There is a limited ignition interlock possibility under a separate provision, but that is not the same as simply asking for ordinary specialized driving privileges, and it depends heavily on the facts, the court, and the county.
Bottom line: refusal makes the license situation worse.
Yes.
This is the part that surprises people.
Refusing a chemical test does not necessarily prevent the State from getting chemical test evidence. If the officer believes there is probable cause, the officer may seek a warrant for a blood draw.
So now you may have the worst of both worlds:
Indiana law also allows a refusal to submit to a chemical test to be admitted into evidence in proceedings under the OWI statutes.
In other words, refusing does not make the case disappear. It can give the State another piece of evidence and make your driving situation more painful.
That’s a bad trade.
A refusal does not always look like someone shouting, “No!”
Sometimes it’s obvious. Sometimes it’s messy.
In Indiana, anything short of clear cooperation can create a problem. Depending on the facts, the officer may treat the following as a refusal:
Is that fair? Not always.
Is it how refusal issues get litigated? Absolutely.
This is why body camera footage matters. Dash camera footage matters. The exact words used by the officer matter. Your exact response matters.
If the officer says you refused, that is not the end of the case. It is the beginning of the fight.
Yes. A refusal suspension can sometimes be challenged, reduced, lifted, or otherwise addressed, depending on the facts and the county.
A strong defense starts with the details.
At the Marc Lopez Law Firm, we want to know:
Police officers are human. They make mistakes. They rush. They mumble. They paraphrase. They assume. They sometimes turn confusion into “refusal” because it makes the paperwork easier.
When your license is on the line, those details matter.
Indiana law is statewide, but courthouse practices can vary by county.
In some counties, refusal suspensions are extremely difficult to lift. In others, there may be more room to work, especially when the facts are favorable or the refusal issue is tied to a broader resolution of the OWI case.
That does not mean anyone can promise a result. No honest criminal defense attorney should do that.
It does mean that hiring a criminal lawyer who regularly handles Indiana OWI and license suspension issues matters. A refusal suspension is not just a line item on a docket. It affects your job, your family, your finances, and your ability to function.
Some criminal charges are scary because of the possible jail time. Some are scary because of the public record. Some are scary because of the damage to your job or reputation.
OWI refusal cases can involve all of that, plus the immediate problem of transportation.
A one-year license suspension is not a minor inconvenience. For many people, it is a crisis.
How are you supposed to get to work? How are you supposed to pick up your kids? How are you supposed to attend court, probation, treatment, or doctor’s appointments?
Indiana’s refusal rules are harsh because the State wants people to submit to chemical testing. The law is designed to punish refusal by making the license consequence painful.
You do not have to like it. You do have to take it seriously.
Do not assume there is nothing to be done.
Do not assume the officer’s paperwork is perfect.
Do not assume your license is gone and the case is hopeless.
If you’re facing an Indiana OWI, DUI, OVWI, drunk driving charge, or chemical test refusal suspension, you need someone to review the case quickly. That means looking at the probable cause affidavit, the implied consent advisement, the body camera footage, the test records, the warrant paperwork, and the county-specific options available to you.
The earlier you get a criminal defense attorney involved, the better your chances of protecting your license and your future.
Refusing a chemical test in Indiana usually does not stop the State from getting evidence.
It does not automatically beat the OWI case.
It does not make the drunk driving charge go away.
What it can do is trigger a one-year or two-year license suspension and make it much harder to keep driving legally while your case is pending.
If you or someone you love is facing an OWI, DUI, OVWI, drunk driving charge, or chemical test refusal suspension in Indiana, call the Marc Lopez Law Firm at 463-403-1262.
We deal with these cases every day. We know how important your license is. We know how stressful it is to feel like one bad night might wreck your job, your family schedule, and your future.
Give us a call, talk through your options, and remember—always plead the 5th.