If you get pulled over by Indiana law enforcement under suspicion of operating a vehicle while intoxicated (OWI), you will likely be asked to submit to a breathalyzer test. Your instinct might be to refuse, thinking that you might be voluntarily providing evidence for them. Considering Indiana’s implied consent law, refusing testing, especially certified chemical testing could lead to significant, immediate consequences.
Indiana’s Two Types of Breathalyzer Tests
Indiana law enforcement uses two primary types of breathalyzer tests. Your right to refuse and the penalties associated differ depending on which type is being requested. A Preliminary Breathalyzer Test (PBT) is a portable, handheld breath test unit that helps an officer establish probable cause to make an arrest. The results of a PBT are not always reliable and are not admissible as evidence in court to prove intoxication.
Conversely, a certified chemical test is typically administered after an arrest, usually at the police station, using a state-certified machine. The chemical test is more thorough if conducted in strict compliance with the Indiana administrative code. Because of this, the results of this test are far more conclusive and are admissible in court as evidence of a person’s blood alcohol concentration (BAC).
What Is Implied Consent Law?
Under the implied consent law of Indiana Code 9-30-6-1, if you choose to operate a motor vehicle on the road, you are impliedly consenting to submit to a certified chemical breathalyzer test. If you refuse this breathalyzer test in Indiana, your driver’s license will immediately be revoked for one year as an administrative penalty. This suspension is imposed regardless of the outcome of the underlying OWI charge. In addition, the refusal of the certified test can be used against you in court as evidence of consciousness of guilt.
Any individual can legally refuse the roadside PBT without any direct, immediate consequences to your license. However, if the officer has other probable cause, they can still arrest you and proceed to request the certified test once you are back at the station.
Consequences of Refusing a Certified Chemical Test
A refusal to submit to a certified chemical test is considered a violation of Indiana Code 9-30-6-7 and results in serious repercussions beyond the immediate license suspension:
- Disqualified from Specialized Driving Privileges: A standard refusal suspension typically disqualifies an individual from obtaining specialized driving privileges (SDPs) in Indiana, which are often granted for other types of OWI-related suspensions to allow driving for work or school.
- The Ignition Interlock Alternative: While a full license refusal suspension often precludes SDPs, Indiana Code 9-30-6-8(d) allows a court, as an alternative to the refusal suspension, to mandate that the person may only operate a vehicle equipped with a certified ignition interlock device.
- Blood Draw by Warrant: Even if a driver refuses the certified breathalyzer test, the police officer can still seek a warrant from a judge to compel the driver to submit to a certified blood test at a local medical facility. If the warrant is granted, the driver is legally required to comply, and the results of a timely, properly conducted blood test are admissible in court.
While a driver technically has the ability to refuse a breathalyzer test in Indiana, doing so for the certified chemical test effectively sacrifices driving privileges for a minimum of one year.