Getting pulled over for drunk driving is stressful, but refusing a chemical test in Indiana can make things far worse. Under Indiana’s Implied Consent Law, drivers are required to submit to a certified chemical test—usually a breath or blood test—if an officer has probable cause to believe they’re intoxicated. Even slight hesitation, asking too many questions, or appearing confused can be labeled a “refusal.” Police have broad discretion, and courts routinely uphold refusals even in questionable situations. This means you could face serious penalties even if you thought you were cooperating.
The consequences of a DUI refusal are severe and far-reaching. A first-time refusal triggers a one-year license suspension, while prior DUI offenders face a two-year suspension—on top of any suspension for the DUI itself. You also lose the right to specialized driving privileges, meaning you could be completely unable to drive legally. Worse yet, your refusal can be used as evidence in court, and police can still obtain a warrant for a blood test. While it’s possible to challenge a refusal through a hearing or negotiation, success is rare. Because refusals are so easy to get and hard to undo, contacting an experienced criminal defense attorney—like those at the Marc Lopez Law Firm—is critical to protect your license, rights, and future.
