If you are stopped for suspected drunk driving in Indiana, an officer may ask you to take a chemical test. This may involve a breath, blood, or urine sample. Many drivers are unsure what to do, especially when everything is happening quickly. However, refusing a chemical test can create serious problems with your driving privileges.
A Northwest Indiana OWI/DUI lawyer can explain what a refusal may mean for your license and your criminal case. At The Law Office of Joseph M. Roberts LLC, we help people understand their rights after an OWI arrest and review whether police followed Indiana law.
Indiana’s Implied Consent Law
Indiana has an implied consent law. This generally means that by driving in the state, you agree to submit to a certified chemical test when an officer has probable cause to believe you operated a vehicle while intoxicated.
A certified chemical test is not always the same as a portable breath test used on the side of the road. Depending on the circumstances, the official chemical test may involve breath, blood, urine, or another bodily substance. If a person refuses a chemical test, the arresting officer must inform the person that refusing will result in the suspension of driving privileges.
What Happens If You Refuse?
A refusal can lead to a license suspension even before the OWI case is resolved. Under Indiana law, a refusal generally results in a one-year suspension. If you have a prior OWI conviction, the suspension can last two years. Refusing the test also does not stop the State from pursuing an OWI charge. Prosecutors may still rely on other evidence, including:
- The way you were driving
- Your performance on field sobriety tests
- Statements you made to police
- The officer’s observations of your speech, balance, or behavior
Indiana law also allows a person’s refusal to submit to a chemical test to be admitted as evidence in an OWI proceeding.
Police May Still Get a Blood Test
Saying no to a chemical test does not always prevent police from obtaining chemical evidence. Depending on the circumstances, an officer may ask a judge for a search warrant allowing police to obtain a blood sample. As a result, you could face both the consequences of refusing the test and chemical evidence obtained later through a warrant.
Can You Challenge a Chemical Test Refusal?
You may challenge a refusal-based suspension in court. Indiana law allows a person whose driving privileges have been suspended to request a prompt judicial hearing.
At that hearing, the court may consider whether the officer had probable cause to believe you committed an OWI offense and whether you actually refused the chemical test. If the court finds there was no probable cause or that you did not refuse, it may order your driving privileges reinstated. This can matter when there was confusion about what the officer asked, whether you clearly refused, or whether the officer followed the required refusal procedures.
Talk to a Northwest Indiana OWI/DUI Lawyer
A chemical test refusal can create a license problem while you are also dealing with an OWI charge. An Indiana criminal defense lawyer can review the traffic stop, the officer’s probable cause, the chemical test request, and the evidence surrounding the alleged refusal.
If you are facing an OWI charge or chemical test refusal in Northwest Indiana, contact The Law Office of Joseph M. Roberts LLC. We can explain your options and help you protect your rights and driving privileges.