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Facing a DUI charge in Indiana can be an overwhelming experience. Should you cooperate with the police? What if you’re being offered a chemical test? As any experienced Indiana DUI lawyer will tell you, refusing a chemical test is never going to improve your situation.
This blog will break down Indiana’s rules regarding implied consent and chemical test refusals, the potential impact on your driver’s license, and the importance of speaking to an Indiana DUI lawyer as soon as possible.
A person who operates a vehicle impliedly consents to submit to the chemical test provisions laid out in the Indiana Code as a condition of operating a vehicle in Indiana. In other words, the act of operating a vehicle means you’ve already agreed to submit to a chemical test offered by a law enforcement officer. As every Indiana DUI lawyer knows, this law applies to everyone who drives in the State of Indiana.
The law allows police to offer a person more than one chemical test, and a person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions. The exact same standard applies in DUI cases involving serious injury or death. Refusing a chemical test—and refusal can mean anything short of active cooperation with police—triggers significant consequences for your driver’s license.
Refusing to submit to a chemical test earns you an automatic suspension of your driving privileges. Your first refusal suspension will be for one year, while each subsequent refusal will result in an administrative suspension that lasts for two years.
If the case involves serious bodily injury or death, refusal to submit to a portable breath test or chemical test offered by law enforcement is a Class C infraction, carrying a maximum fine of $500. If you have at least one prior DUI conviction, the refusal is a Class A infraction, carrying a maximum fine of $10,000.
In either scenario, you’ll need to carry SR22 for three years following the termination of the suspension. If at any time during the three years following the termination of the refusal suspension you fail to maintain the SR22, the BMV will suspend your driving privileges until the SR22 is reinstated.
Refusing a chemical test—breath or blood—not only results in the suspension of your driving privileges, but it also affects the legal proceedings in your criminal case. The understandable but incorrect assumption that some people make is: If they don’t test me, they can’t prove anything. This is a mistake.
An experienced Indiana DUI lawyer will tell you that you’re creating evidence no matter what you do. When you refuse a chemical test, your refusal itself becomes part of the evidence the State can use in your criminal prosecution.
Under Indiana law, if a law enforcement officer has probable cause to believe that a person committed an offense under Indiana Code section 9-30-5, the person may be arrested. However, if the chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an offense under section 9-30-6, section 9-30-5, or section 9-30-9. At any proceeding under section 9-30-6, section 9-30-5, or section 9-30-9, a person’s refusal to submit to a chemical test is admissible into evidence.
Refusing the breath or blood test offered by a law enforcement officer will have a negative effect on both your ability to drive and your criminal DUI case. For one thing, the police are going to get the results anyway. If you’re uncooperative, they’ll get a warrant for a blood draw, in which case the prosecutor will have the evidence of your refusal and the chemical test results to use against you in court.
On the administrative front, a refusal suspension lasts for a minimum of one year, with no specialized driving privileges allowed. It’s statutorily possible for the judge to allow you to drive with an ignition interlock device installed in your vehicle, but not every judge is comfortable with this arrangement.
Facing Indiana DUI charges with a refusal suspension is a tough spot to be in. An experienced Indiana DUI lawyer can help you evaluate your circumstances and formulate the best possible defense strategy. There’s almost always something you can do to improve your situation.
The Marc Lopez Law Firm deals with DUIs every day, and we’re familiar with the challenges surrounding refusal cases. Don’t just hope for the best. Give us a call at 317-632-3642 and remember—always plead the 5th!