Refusing a Chemical Test in Indiana: Penalties and Legal Consequences

Many drivers believe that refusing a breathalyzer or chemical test will help them avoid a DUI/OVWI conviction in Indiana. However, under Indiana’s implied consent law, refusing a test often leads to harsher penalties, including an automatic license suspension and the possibility of evidence being used against you in court.

If you or a loved one has been accused of refusing a chemical test, it is critical to understand the consequences, legal options, and how an experienced attorney can help. This article will break down Indiana’s implied consent law, the penalties for refusal, and what steps you can take to protect your driving privileges and legal rights.

Understanding Indiana’s Implied Consent Law (IC 9-30-6)

What Is Implied Consent?

Under Indiana Code 9-30-6, any driver operating a vehicle on public roads automatically consents to a chemical test (breath, blood, or urine) if an officer has probable cause to believe they are intoxicated.

🚨 Key Takeaway: By driving in Indiana, you have already agreed to submit to a chemical test if law enforcement suspects you of DUI/OVWI. Refusing a test does not mean you avoid penalties—it actually results in immediate consequences.

Penalties for Refusing a Chemical Test in Indiana

Refusing a chemical test leads to automatic driver’s license suspension, regardless of whether you are ultimately convicted of a DUI/OVWI.

🔹 First-Time Refusal:

✅ Penalty: 1-year license suspension (BMV administrative penalty).

🔹 Subsequent Refusals:

✅ Penalty: 2-year license suspension (BMV administrative penalty).

Additional Consequences:

❌ Refusal can be used as evidence against you in court.
❌ You may be ineligible for specialized driving privileges (hardship license).
❌ Law enforcement can still obtain a warrant to perform a forced blood draw.
❌ You may still be convicted of DUI/OVWI, even without a test result.

🚨 Important: Even if your DUI/OVWI charge is later dropped, the refusal suspension remains in place unless successfully challenged.

Can the Prosecutor Still Prove DUI Without a Chemical Test?

Yes. Even without a breathalyzer or blood test result, the prosecution can still convict you of DUI/OVWI based on other evidence, including:

🔹 Officer observations (slurred speech, unsteady movement, odor of alcohol).
🔹 Field sobriety test performance (walk-and-turn, one-leg stand, horizontal gaze nystagmus).
🔹 Witness testimony (bar staff, passengers, or other drivers).
🔹 Dashcam or bodycam footage showing erratic driving or behavior.

📌 Key Takeaway: Refusing a chemical test does not prevent a conviction—it can actually make your case harder to fight.

Can You Challenge a Refusal Suspension?

Yes, but it can be difficult. Here are some ways to fight a refusal-based suspension in Indiana:

🔹 Judicial Review

✅ You can challenge the license suspension in court, arguing it is not in the best interests of society or that law enforcement failed to follow proper procedures.

🔹 Specialized Driving Privileges (Hardship License)

✅ In some cases, you may qualify for restricted driving privileges (e.g., for work or medical needs) if you install an ignition interlock device (IID) in your vehicle.

🔹 Plea Negotiations

✅ In some cases, an experienced Indiana DUI attorney may negotiate with the prosecution to have the refusal dropped in exchange for a guilty plea to a lesser offense.

🚨 Important: You typically cannot receive specialized driving privileges if you refuse a chemical test—another reason why refusing is rarely a good option.

Why You Should Think Twice Before Refusing a Chemical Test

📌 Refusing a chemical test in Indiana is rarely a good strategy. Here’s why:

❌ You lose your license immediately.
❌ Refusal can be used against you in court.
❌ Police can still obtain a warrant for a blood draw.
❌ You may still face DUI/OVWI charges.

✅ Instead of refusing, it’s often better to comply with the test and fight the results later with an experienced attorney.

What to Do If You Are Accused of Refusing a Chemical Test

If you are stopped and accused of DUI/OVWI, follow these important steps:

✔️ Stay calm and be polite.
✔️ Do not argue with the officer.
✔️ Do not admit to drinking or taking drugs.
✔️ If arrested, request an attorney immediately.
✔️ Write down everything you remember about the stop.
✔️ Contact an experienced DUI defense attorney as soon as possible.

How an Indiana DUI Attorney Can Help

If you have been accused of refusing a chemical test in Indiana, an experienced DUI defense attorney can:

✅ Challenge the validity of the stop and arrest.
✅ Review whether law enforcement followed proper procedures.
✅ Fight to get specialized driving privileges.
✅ Negotiate to reduce penalties or get charges dropped.
✅ Defend you in court if necessary.

📞 Charged with DUI/OVWI in Indiana? Call Vining Legal at (317) 759-3225 or schedule a consultation today to discuss your case.

Conclusion

Refusing a chemical test may seem like a good idea in the moment, but it often leads to severe penalties, including automatic license suspension and stronger evidence against you in court.

💡 Key Takeaways:
✔️ Indiana’s implied consent law requires drivers to submit to a chemical test if law enforcement has probable cause.
✔️ Refusing a test leads to an automatic driver’s license suspension (1 year for first refusal, 2 years for subsequent refusals).
✔️ Refusal does not guarantee avoiding a DUI conviction—prosecutors can still use other evidence against you.
✔️ There are ways to challenge a refusal suspension, but they require legal expertise.
✔️ If arrested for DUI/OVWI, contact an experienced attorney immediately to protect your rights.

🚀 Need legal help? Call Vining Legal at (317) 759-3225 or schedule a consultation today.