Should You Refuse a Chemical Test in an Indiana DUI/OVWI Case? Here’s What You Need to Know

Facing an Operating a Vehicle While Intoxicated (OVWI) charge in Indiana can be stressful and confusing, especially if you refused a chemical test. Many people believe that refusing to take a breath or blood test will prevent the state from gathering evidence against them. However, under Indiana’s Implied Consent Law, refusing a chemical test comes with serious consequences, including an automatic driver’s license suspension.

At The Marc Lopez Law Firm, we help clients navigate the legal complexities of DUI/OVWI cases every day. If you’ve been arrested for an OVWI and refused a chemical test, you may be wondering: What happens next? Can I fight my suspension? Was my refusal the right decision?

Let’s break it all down so you can make informed decisions about your case.

What Is Indiana’s Implied Consent Law?

Many drivers don’t realize that by simply operating a vehicle in Indiana, they are agreeing—whether they know it or not—to take a chemical test if a law enforcement officer has probable cause to believe they are intoxicated. This is known as Indiana’s Implied Consent Law (Indiana Code § 9-30-6-1).

Here’s how it works:

• If an officer pulls you over and suspects you of driving under the influence (DUI/OVWI), they will likely conduct field sobriety tests or ask you to take a portable breath test (PBT) on the roadside.
• If the officer believes they have probable cause to arrest you for OVWI, they will read you Indiana’s Implied Consent Warning from a small card they carry. This informs you that refusing to take a chemical test will result in a mandatory license suspension.
• At this point, you have a choice: comply with the chemical test or refuse it.

Many people instinctively refuse because they think it will help their case, but in Indiana, refusal often does more harm than good.

What Happens If You Refuse a Chemical Test in Indiana?

If you refuse to take a chemical test—whether it’s a breath, blood, or urine test—you will automatically face a license suspension, even if you are never convicted of an OVWI. This is an administrative suspension imposed by the Indiana Bureau of Motor Vehicles (BMV), separate from any criminal penalties related to your DUI/OVWI charge.

Here’s what you’re looking at:

• First-time refusal → 1-year mandatory driver’s license suspension
• Second or subsequent refusal → 2-year mandatory driver’s license suspension

This suspension is in addition to any penalties you may face if you are convicted of OVWI. That means if the court suspends your license for an OVWI conviction, that suspension will be stacked on top of your refusal suspension.

For example:

• If your OVWI conviction results in a 6-month license suspension, and you also refused the chemical test, you must first serve your 1-year refusal suspension before the 6-month OVWI suspension begins.
• This means you could lose your driving privileges for a total of 18 months (or longer).

If you rely on your car to get to work, school, or take care of your family, this type of extended suspension can create major hardships.

Can the Police Still Get a Chemical Test If You Refuse?

Many people assume that refusing a chemical test means law enforcement won’t be able to obtain evidence of intoxication. Unfortunately, that’s not always the case.

In most situations, if you refuse a breath or blood test:

1. The officer will request a warrant from a judge, which they can obtain quickly—even in the middle of the night.
2. Once the warrant is granted, you will be taken to a hospital, where medical staff will draw your blood, regardless of whether you consent.
3. If you continue to resist, officers may be authorized to use force to obtain a sample.

So, even if you refuse, the state may still get a blood alcohol concentration (BAC) reading—but you’ll still face the additional penalty of the refusal suspension.

Does It Ever Make Sense to Refuse a Chemical Test?

While it may seem like refusing a chemical test is the smart move, that’s rarely the case in Indiana.

Why You Shouldn’t Refuse a Chemical Test

1. You’re likely to be tested anyway. As we mentioned, the police can (and often will) get a warrant for a blood draw, meaning your refusal doesn’t prevent them from collecting evidence.
2. The refusal penalty is severe. A one- or two-year license suspension can make it difficult to work, go to school, or take care of daily responsibilities.
3. It limits your legal defense options. If you refuse, you may have fewer ways to challenge your OVWI charge in court, and prosecutors may be less willing to negotiate.

There are rare cases where refusing a chemical test could be beneficial, but these situations are extremely uncommon and should always be discussed with an attorney.

What If You Already Refused? Can You Fight a Refusal Suspension?

If you have already refused a chemical test, don’t panic—you may still have legal options.

At The Marc Lopez Law Firm, we handle refusal suspensions every day, and in some cases, we are able to negotiate with prosecutors or judges to get refusal penalties reduced or dismissed.

The outcome of your case depends on which county you were charged in.

• Boone County: Judges and prosecutors typically won’t lift a refusal suspension until you’ve served at least six months of the one-year suspension.
• Hancock County: It is very difficult to get a refusal suspension lifted at all.
• Marion County & surrounding areas: The policies vary, and some counties are more flexible than others.

Because refusal penalties aren’t automatically dismissed, you need an experienced OVWI attorney who understands the local court system and can fight for the best possible outcome.

How Can a DUI/OVWI Attorney Help?

If you’ve been charged with OVWI and refused a chemical test, you need a lawyer who:

• Understands Indiana’s Implied Consent Law and how to challenge refusal suspensions.
• Knows how local prosecutors handle refusal cases and whether they’re open to negotiations.
• Can explore potential defenses for your OVWI charge, including challenging the traffic stop, the officer’s probable cause, or the validity of the chemical test results.
• Fights to protect your driving privileges, including pursuing specialized driving privileges (SDP) so you can legally drive to work or school.

At The Marc Lopez Law Firm, we have years of experience successfully defending clients against DUI/OVWI charges and refusal suspensions.

Make The Right Call

If you or a loved one has been charged with OVWI and refused a chemical test, don’t wait—time is critical when it comes to fighting your suspension and defending your case. For a FREE consultation with an experienced OVWI attorney, call The Marc Lopez Law Firm today at 463-946-0521, and remember—always plead the Fifth!