1. Can I refuse a breathalyzer test during an Indiana DUI stop?
Yes, you can generally refuse a portable breath test during a routine Indiana DUI investigation without triggering an implied consent suspension, so long as there has not been an accident. However, refusing a properly offered certified chemical test is a different matter.
A portable breath test is the small handheld device officers use during roadside investigations. A certified chemical test typically involves approved breath-testing equipment or a blood draw.
Under Indiana Code § 9-30-6-1, driving in Indiana means you’ve already given implied consent to chemical testing under the law.
Confusing these two tests can cost you your driver’s license.
2. What happens if I refuse a certified chemical test in Indiana?
Refusing a properly offered certified chemical test can result in a one-year or two-year driver’s license suspension.
Under Indiana Code § 9-30-6-9, the suspension generally lasts:
- One year if you have no qualifying prior DUI conviction.
- Two years if you have a qualifying prior DUI conviction.
These consequences can apply before your criminal DUI case is resolved.
Refusing the test doesn’t necessarily prevent prosecutors from obtaining chemical evidence. Police may obtain a warrant for a blood draw.
You could end up facing both a license suspension and criminal charges.
3. Can asking for a lawyer count as refusing a chemical test in Indiana?
Yes. Asking to speak with an attorney before agreeing to a certified chemical test can be treated as a refusal under Indiana’s implied consent law.
Police may also interpret conditional answers, hesitation, or failure to cooperate as refusal.
For example, responding with “Can I call my lawyer first?” doesn’t necessarily protect your driving privileges.
That doesn’t mean every question or request for clarification automatically constitutes refusal. The driver’s conduct and the officer’s instructions matter.
You have constitutional rights during a DUI investigation, but invoking those rights doesn’t automatically prevent implied consent consequences.
4. Can I get specialized driving privileges after refusing a chemical test in Indiana?
Generally, no. Indiana law prohibits ordinary specialized driving privileges during an implied consent refusal suspension.
This creates serious problems for drivers who depend on their vehicles for employment, school, childcare, or family responsibilities.
There is a limited alternative.
Under Indiana Code § 9-30-6-8, a judge may authorize certain driving with an ignition interlock device.
However, this relief is discretionary. Not every Indiana judge will approve it.
A refusal suspension can therefore create significantly greater driving restrictions than a DUI case without a refusal.
5. Can an Indiana DUI lawyer challenge a chemical test refusal or the three-hour testing rule?
Yes. An Indiana DUI lawyer can examine whether police followed implied consent procedures and had probable cause to request testing.
An attorney may challenge an alleged refusal if the officer failed to provide the legally required warnings.
Timing also matters.
Under Indiana Code § 9-30-6-15, qualifying chemical test results obtained within three hours of vehicle operation can create an evidentiary presumption concerning intoxication.
Testing outside that period doesn’t automatically invalidate the results. However, it may provide additional grounds to challenge the prosecution’s evidence.
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