Contact Us 24/7:
(317) 759-1515
Contact Us 24/7:
(317) 759-1515
OWI-DUI Defense / 9.15.2023

Can You Refuse Testing When Pulled Over for Owi in Indiana?

Most licensed drivers know what Indiana’s implied consent law is. While it is common knowledge that you could lose your license for refusing a test to determine alcohol impairment, however, it is not always clear which test this law refers to.

There are actually several tests that may come into play following an OWI stop. This post will discuss which tests can be refused without penalty and which cannot.

THERE IS NO AUTOMATIC PENALTY FOR REFUSING FIELD SOBRIETY TESTS

The standard field sobriety tests were designed to help officers determine if chemical testing is warranted or justifiable. However, they are far from foolproof. A completely sober person could fail these tests for unrelated health reasons, while some people who are well above the legal limit could pass the tests because their coordination is only minimally impacted by alcohol.

Thankfully, you can decline to submit to field sobriety tests without penalty.

THERE ARE TYPICALLY TWO CHEMICAL TESTS WITH DIFFERING REFUSAL PENALTIES

If pulled over on suspicion of OWI, the officer will likely ask you to submit to a portable breath test at the scene – commonly called a breathalyzer. This may be true whether or not you took the field sobriety tests. As with field sobriety tests, you can typically refuse to take this test without penalty. You may still be arrested, however, if the officer believes that you are above the legal limit.

When you are in police custody, you will be asked to submit to a certified chemical test of your blood, breath or urine. You absolutely will face consequences for refusing to take this test. Refusal at this point is considered a violation of Indiana’s implied consent law and would result in automatic suspension of your license.

Additionally, your refusal to take the test could be used against you in court, meaning you might be convicted of OWI even without chemical test results.

SHOULD YOU REFUSE? ONLY YOU CAN DECIDE.

There is no consensus, even among criminal defense attorneys, about whether chemical test refusal is a good idea. It is a decision you’ll need to make if you ever find yourself pulled over on suspicion of OWI.

One thing is clear, however. Once you have been arrested, contacting a good attorney should be your first move. An experienced lawyer will be ready to defend your rights and explain your options for fighting or otherwise resolving the charges.

Share This Story

If you found the information in this article helpful, consider sharing to your socials to help others find reliable legal news!
04
— Contact Us

Experience Our Legal Force

Discover the difference Hayes Law Office can make in your legal matters. With a dedicated team commitment to personalized service, we are here to help you navigate through your legal challenges with confidence and ease. From complex cases to everyday legal issues, trust Hayes Law Office to provide the guidance and support you need.

The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
uploadmagnifiercross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram