Refusal of the Certified Chemical Test

If a Police Officer has probable cause to believe a person Operated a Vehicle While Intoxicated (OVWI), at some point the Police Officer will read that person the Indiana Implied Consent Statute.  Essentially, the Police will tell the suspect that they must take the Certified Chemical Test or their driver’s license will be suspended for either one or two years.

Because of the rather strict penalties for refusing a Certified Chemical Test most people agree to take the test.  Even after agreeing to take the test, some people are marked down as refusing the Certified Chemical Test.  Why?

First, some people agree to take the Certified Chemical Test but do not actually try to blow into the machine.   The machine which measures the Blood Alcohol Concentration (BAC) is rather sophisticated and it will let the Police Officer administering the test know if the suspect is blowing properly.   In situations like this, the machine will tell the officer the sample is “incomplete.”  If the Police Officer believes the suspect is not trying and the machine backs him up, this can be marked as a proper refusal.

Secondly, some people agree to take the test but then become uncooperative, by either fighting or otherwise resisting the Police Officer’s attempts to administer the Certified Chemical Test.   In situations such as this, where a person is truly being uncooperative, a Police Officer can mark this as a proper refusal.

Third, some people do not have the physical ability to breath properly into the machine.  If this is the case, the machine will likely report to the Police Officer that the breath sample was “invalid.”  In these situations the Police Officer is required, per Indiana State Law, to re-administer the test on a different machine or get a sample of the person’s blood.  Some Police Officers mistakenly believe that an “invalid” reading is the same as an “incomplete” and mark the person down as refusing the Certified Chemical Test.  This is a mistake.  And this mistake will cost a person their license for either one or two years.

If a Police Officer has stated that you refused a Certified Chemical Test, you need to know that the stakes in your case have become much more serious.  You need an experienced Attorney ready to defend you in court.  You need an experienced Attorney to fight for you.  You need Attorney Marc Lopez.  Call (317) 489-9611 or e-mail him today.

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