The ability to operate a vehicle in Indiana is a privilege, not a right, and with that comes the concept of implied consent. If you obtain a driver’s license, you give the state your implied consent to submit to a chemical test if you’re suspected of DUI. In this post, Northwest DUI attorney Joepsh M. Roberts discusses what you need to know about implied consent in Indiana.
Indiana Law Establishes Implied Consent for Vehicle Operators
Under Indiana Code 9-30-6, any person who operates a motor vehicle implicitly agrees to take a chemical test if police believe they have cause to suspect the driver of DUI. The police may stop you for weaving, speeding, or other traffic violations, but they may also detect alcohol on your breath or in your vehicle, leading them to administer a field sobriety test. If they arrest you, they may request a more advanced test at the police station.
You have the right to refuse a test, but not on the grounds that it may incriminate you, since you already gave implied consent when you got your driver’s license. Refusing the test can cause problems with fighting the DUI charge, so most attorneys would advise you to take the test. Your lawyer may then investigate the testing device and procedure to determine whether it was faulty or incorrectly administered.
Types of Tests Implied Consent Covers
According to the Indiana Criminal Justice Institute (CJI), your BAC cannot exceed 0.08% or you are considered impaired. To determine your BAC level, officers may conduct any or all of the following four types of chemical tests:
- Breath: Commonly administered with a device known as a breathalyzer, this test can be used at the roadside if officers suspect alcohol use.
- Blood: Once arrested, officers may request a blood sample to further assess your BAC. A blood sample is taken to detect alcohol and drugs.
- Urine: Police may request a urine test in addition to or instead of a blood test to determine if you also have drugs in your system.
- Saliva: Not typically used for BAC assessment, offers may conduct a saliva test if they suspect you have cocaine, marijuana, or other illegal drugs in your system.
If any of these tests show that your BAC exceeds the legal limit, the state will suspend your driver’s license for a minimum of 30 days. Other penalties and longer suspension may result if you have previous offenses or other charges along with your DUI.
Refusing the Test Brings Strong Consequences
Police who observe erratic driving behavior may use that as reasonable suspicion that you’re under the influence of alcohol. They will then use a breath test to establish probable cause to arrest you. If you fail the test or refuse to use the breathalyzer, the officer must read Indiana’s implied consent warning to you and offer a chemical test.
Because you have already consented to testing if you are suspected of DUI, Indiana will suspend your driver’s license for 1 year if you refuse the test. You may also find that the prosecuting attorney will use the refusal against you during your criminal DUI trial. The judge and jury may interpret the refusal as an acknowledgement of guilt and rule against you.
If you hurt someone in an accident, all the evidence used against you in your criminal trial can come back into play if the victim decides to file a personal injury lawsuit against you. Rather than take your chances in court and risk going to jail, contact an experienced DUI attorney to represent you. At The Law Offices of Joseph M. Roberts, LLC, our track record of success shows that we are dedicated to protecting your rights and your future.