Is It Legal to Refuse a Breathalyzer Test in Indiana?

When facing a traffic stop for suspected driving under the influence (DUI), few moments are as critical as understanding and exercising your legal rights. One of the most pressing questions people face during such situations is whether they can refuse a breathalyzer test. While reflexively declining may seem like a way to protect oneself, Indiana law implements critical frameworks, such as implied consent, that complicate this decision. Below, the Law Offices of Shane O’Donnell break down whether it’s legal to refuse a breathalyzer test in Indiana, the consequences of doing so, and potential legal defenses you may have.

Understanding Indiana’s Implied Consent Laws

Under Indiana law, operating a vehicle on the state’s roads comes with an important caveat. By simply driving, you are granting what is known as “implied consent” to submit to a certified chemical test if law enforcement suspects you of driving under the influence of alcohol or drugs. Certified chemical tests include breathalyzer tests conducted on specific machines, such as the Intoximeter, typically used at police stations.

It’s important to note that roadside breath tests, also referred to as preliminary or portable breath tests, are not the same as certified tests. These are used primarily to establish probable cause for a DUI arrest and are not admissible as evidence in court. While you can legally refuse this preliminary test, refusing the certified breathalyzer is where legal consequences intensify.

The Consequences of Refusing a Certified Breathalyzer Test

Refusing a certified chemical test after being taken into custody triggers significant penalties under Indiana’s implied consent law. Here’s what you need to know:

1. Automatic License Suspension. If you refuse a certified breathalyzer test, your driver’s license will be suspended for one year. This penalty is applied regardless of whether you are ultimately convicted of a DUI.
2. Limited Legal Recourse for Driving Privileges. Unlike other DUI-related penalties, a refusal suspension generally disqualifies you from receiving certain driving privileges, such as hardship licenses. Without these privileges, it becomes much more difficult to regain driving rights during the suspension period.
3. Adverse Impact on Legal Proceedings. While refusal may limit immediate evidence of intoxication, it is often used against defendants in court. Prosecutors can argue that refusal indicates consciousness of guilt, potentially harming your case.

Legal Defenses to Consider

While the consequences of refusal are serious, understanding your legal defenses can empower you during this challenging time:

• Improperly Conducted Implied Consent Procedures. If the arresting officer did not follow correct protocols for informing you of your rights or the consequences of refusal, it may be possible to challenge the suspension.
• Challenging Probable Cause. Before administering a certified breath test, officers must establish probable cause that you were operating a vehicle under the influence. Any evidence of misconduct or insufficient grounds for stopping your vehicle could weaken the case against you.
• Seeking Alternative Resolutions. Depending on your case’s specific details, it may also be possible to negotiate reduced penalties or alternative outcomes, such as the installation of an ignition interlock device.

Protect Your Driving Rights with Experienced Legal Representation

Encountering the complexities of Indiana’s DUI laws without guidance can lead to life-altering consequences. If you’re facing charges or dealing with the repercussions of refusing a breathalyzer test, the Law Offices of Shane O’Donnell can provide the experienced and personalized legal defense you need. With a deep understanding of Indiana’s implied consent laws and DUI regulations, we can work to safeguard your rights, minimize penalties and explore the best possible outcomes. Contact our office today to schedule a consultation.