Can You Refuse a Breathalyzer in Indiana? Understanding Your Rights and Consequences

Criminal Defense

Mar 28

Caught in a traffic stop and asked to take a breathalyzer test? You're not alone in wondering what your rights are—and what could happen if you refuse. Breathalyzer tests are a major tool for Indiana law enforcement in OWI (Operating While Intoxicated) cases, but the legal consequences of saying "no" are serious.

This guide breaks down Indiana's implied consent laws, the penalties for refusal, and your legal options if you're facing a breathalyzer-related charge.

What Is Implied Consent in Indiana?

In Indiana, simply by operating a vehicle, you’ve agreed to something called implied consent. This means:

If law enforcement believes you’re driving under the influence, they can require you to submit to a chemical test.
This includes breath, blood, and urine tests.

It’s automatic. You don’t need to sign a form. If you have a driver’s license and you’re on the road, the law considers you to have already agreed to this.

What Happens If You Refuse a Breathalyzer in Indiana?

1. Immediate License Suspension

Refusing a certified chemical test (not just the roadside one) triggers an automatic 1-year license suspension—even if you're never convicted of OWI. If you've refused before, it could be longer.

2. Warrant for Blood Draw

Refusing a breathalyzer doesn’t stop law enforcement. If the officer has probable cause, they can get a warrant to draw your blood—sometimes right at the hospital or police station.

3. Vehicle Impoundment

Depending on the situation, your vehicle may also be impounded at your expense.

4. Roadside vs. Evidentiary Tests

Preliminary Breath Tests (PBTs) at the scene can be refused without the same penalties.
Evidentiary Breath Tests (usually at the jail or station) are the ones that count under the implied consent law.

Legal Consequences of Refusing a Breathalyzer

1. Used Against You in Court

Your refusal can be introduced as evidence of guilt. Prosecutors may argue you refused because you knew you were over the limit.

2. Administrative Hearing

You have the right to request a BMV hearing to challenge your license suspension. But be warned—these are limited in scope, and the odds of reversal are slim unless protocol was clearly violated.

Probable Cause: When Can an Officer Ask for a Breathalyzer?

Officers can’t demand a test for no reason. They need probable cause, such as:

Swerving or reckless driving
Odor of alcohol
Slurred speech or bloodshot eyes
Failed field sobriety tests

Once they have probable cause, they can request a chemical test, and your refusal triggers penalties under implied consent laws.

Defenses to Breathalyzer Refusal or OWI Charges

Refusing a test doesn’t automatically mean you’re out of options. Potential defenses include:

Challenging whether probable cause existed
Proving the officer didn’t properly advise you of the consequences
Attacking the accuracy of the breathalyzer equipment or calibration
Demonstrating that you didn’t actually refuse (e.g., misunderstanding, medical issue)

Every case is unique. That’s why it’s critical to work with an experienced Indiana OWI attorney.

Roadside vs. Station Tests: Know the Difference

Roadside PBTs:

Used for probable cause, not court evidence
You can refuse without automatic license suspension - though that will likely lead to them seeking a warrant for a blood draw

Evidentiary Tests:

Performed at the jail or police station
Legally binding and tied to the implied consent law
Refusing these leads to license suspension and evidence issues in court

Conclusion: Think Before You Refuse

Refusing a breathalyzer in Indiana comes with real consequences—even if you think it’ll help you avoid a conviction. License suspension, harsher penalties, and even forced blood draws are all on the table.

If you’ve refused a breath test or been charged with OWI, don’t go it alone. I’m Nathan Vining, and at Vining Legal, I’ve helped Hoosiers challenge OWI cases and minimize the fallout. Call (317) 759-3225 or schedule your consultation now—before your options shrink.

Want to Learn More About OWI Testing and Defense Strategies?

If you're unsure how field sobriety tests impact your case, read What You Need to Know About Field Sobriety Tests in Indiana for a breakdown of how they work—and how they’re often challenged in court.

Already charged with OWI? Check out How to Beat an OWI Charge in Indiana for legal strategies that can turn your case around.

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