To answer this question thoroughly, you must understand how Indiana law works when it comes to OWI/DUI law. While it is true that you can refuse a breath test in Indiana, it is not always the best choice. Under Indiana Code 9-30-6-1, anyone “who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana. Indiana Code 9-30-6-7 provides an implied consent warning to those who refuse to take a breath test. The police officer who pulled you over could simply choose to read the implied consent warning provided by the statute and request that you submit to a certified chemical test. 

Indiana’s Implied Consent Warning

If you refuse to take a breathalyzer test, the officer will likely read you the following warning:

“I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you an opportunity to submit to a certified chemical test and inform you that your failure to submit to a chemical test will result in the suspension of your driving privileges for one (1) year. If you have a prior conviction, your driving privileges will be suspended for two (2) years. Will you now take a test?”

What can happen if I refuse to take a breathalyzer test?

While you are technically allowed to refuse a breath test in Indiana, the consequences for doing so are dire. If you refuse to take a breath test or the certified test, you will likely be detained and have your Indiana driver’s license suspended for one year. Regardless of whether or not you take the test, law enforcement can still pursue charges of OWI against you based on other evidence. In some situations, such as an OWI resulting in the death of another person, law enforcement can compel you to take the certified chemical test vis a vis a search warrant. The results of this test would be admissible in court. In addition, your refusal to take the test is also admissible in court. 

In addition to these unpleasant consequences, an individual who refuses to take a breathalyzer test is disqualified from obtaining specialized driving privileges. In some cases, however, the individual can drive their vehicle, but only after installing an ignition interlock device that tests their BAC before their car will start. 

Are breathalyzer tests accurate?

When calibrated correctly, breathalyzer tests are accurate. There are different types of breathalyzer tests. The certified breathalyzer tests are considered more accurate than the portable roadside breathalyzer tests. The portable tests can give an officer probable cause to arrest you on suspicion of DUI. The breathalyzer tests are much more accurate than field sobriety tests. 

Talk to a Danville, IN, OWI Attorney Today

Chris Arrington represents the interests of Danville residents who are facing charges of OWI in Indiana. Call our office today to schedule an appointment, and we can begin preparing your defense right away.