You may think refusing a chemical test will prevent an OWI case. Indiana law does not work that way. Refusing a certified chemical test can lead to separate consequences, even before the court resolves your criminal case. Knowing the rules ahead of time can help you make informed decisions.
Indiana has an implied consent law
Under Indiana Code § 9-30-6-1, you give implied consent to a certified chemical test when you operate a vehicle in Indiana. If an officer has probable cause to believe you were operating while intoxicated, they may request a breathalyzer test, a blood test or another approved chemical test. The officer may also offer more than one type of test.
These rules apply only after officers meet the legal requirements for requesting a test.
Refusing the test can affect your driving privileges
If you refuse a certified chemical test after receiving the required warning, the state will suspend your driving privileges. Indiana Code § 9-30-6-7 requires officers to advise you of this consequence before a refusal. Your refusal may also become part of the court record.
These administrative penalties apply regardless of the final outcome of your criminal OWI case.
Refusal does not automatically end the investigation
Refusing a chemical test does not necessarily mean there will be no evidence in your case. Officers may still rely on other information, including:
- Driving behavior
- Physical observations
- Witness statements
- Other evidence officers gathered during the investigation
Indiana Code § 9-30-6-3 also allows the court to admit evidence of your refusal. As a result, refusing a test does not automatically prevent an OWI charge.
Every OWI stop is different
Each traffic stop depends on the facts. The circumstances of your stop, the officer’s observations and the evidence officers collected all play a role in how your case moves forward. Learning more about Indiana impaired driving laws and reviewing information about Indiana OWI defense can help you better understand the legal process.