Refusing a certified breathalyzer or another chemical test in Indiana can result in a one-year suspension of your driving privileges. If you have a previous OWI conviction, the suspension may last two years. This consequence can apply even if you are never convicted of operating while intoxicated.
That distinction surprises many drivers. Refusing the test may seem like a way to keep evidence away from the police, but Indiana’s implied consent law creates separate consequences for that decision.
What Does Implied Consent Mean in Indiana?
Under Indiana Code § 9-30-6-1, anyone who operates a vehicle in Indiana impliedly consents to chemical testing under certain circumstances. An officer must have probable cause to believe that you operated a vehicle while intoxicated before offering the test.
A chemical test may analyze your breath, blood, urine, or another bodily substance for alcohol or drugs. The officer may also offer more than one type of test. To comply with the implied consent law, you generally must submit to each properly offered chemical test.
Before treating your response as a refusal, the officer must advise you that refusing will result in the suspension of your driving privileges.
Is a Roadside Breath Test the Same as a Chemical Test?
Not necessarily. Drivers often use “breathalyzer” to describe two different devices, but the distinction matters.
A portable breath test is commonly used at the roadside to help an officer decide whether probable cause exists. A certified chemical breath test is generally administered after an arrest using approved equipment and procedures. Indiana’s implied consent suspension typically concerns refusal of the certified chemical test, not simply declining a roadside portable breath test.
However, refusing a portable test does not prevent an arrest. An officer may rely on driving behavior, physical observations, field sobriety exercises, statements, or other evidence to establish probable cause.
How Long Is Your License Suspended for Refusing a Chemical Test?
Under Indiana Code § 9-30-6-9, the Indiana Bureau of Motor Vehicles may suspend your driving privileges:
- For one year if you do not have a previous OWI conviction
- For two years if you have at least one previous OWI conviction
A refusal suspension is separate from the criminal OWI case. The prosecutor does not have to obtain an OWI conviction before the refusal affects your license. Depending on how the case is resolved, you could also face additional driving restrictions connected to the underlying charge.
The practical costs can extend well beyond the inability to drive. A suspension may interfere with your employment, parenting responsibilities, medical appointments, and other daily obligations.
Can the Refusal Be Used in Your OWI Case?
Yes. Indiana law permits evidence of a chemical test refusal to be introduced in a criminal proceeding. Prosecutors may argue that the refusal shows you were trying to avoid evidence of intoxication.
Refusal also does not guarantee that the police will be unable to determine your blood alcohol concentration. Officers may apply for a search warrant authorizing a blood draw. If a judge issues the warrant, refusing the initial test may leave you facing both a license consequence and chemical test evidence.
Can You Challenge an Indiana Refusal Suspension?
You may petition for judicial review of the suspension. The hearing is limited primarily to two questions:
- Did the officer have probable cause to believe you operated a vehicle while intoxicated?
- Did you actually refuse a properly offered chemical test?
The person requesting review carries the burden of proof. Relevant issues may include what the officer said, how you responded, whether the test was properly offered, and whether your words or conduct reasonably amounted to a refusal.
Timing matters because the suspension process can begin early in the case. We can review reports, recordings, test documentation, and the probable cause affidavit to identify grounds for a challenge.
Can You Obtain Limited Driving Privileges After a Refusal?
A refusal-based suspension generally makes you ineligible for ordinary specialized driving privileges. Indiana law does, however, allow a court to order an ignition interlock restriction as an alternative to suspension in some pending OWI cases. If granted, you may drive only a vehicle equipped with a functioning certified device.
This relief is discretionary, so you should not assume it will be available. The facts of the arrest, your driving history, and the court’s practices may affect your options.
Act Before a Refusal Limits Your Options
A chemical test refusal can affect your driving privileges before the OWI charge is resolved. Prompt legal review may reveal a basis to contest the refusal, challenge the underlying stop or arrest, or request an ignition interlock alternative.
If you refused a breath, blood, or urine test, contact Whalin Legal to discuss your case. We will examine how the test was requested, explain the proceedings ahead, and help you pursue the strongest available response.