If you get pulled over for suspicion of operating a vehicle while intoxicated (OWI) in Indiana, do you have the right to refuse a breath test?
According to state law, driving is considered a privilege – not a right. By getting behind the wheel, you automatically consent to a chemical test to measure your blood alcohol content (BAC).
If a police officer has probable cause to believe you are drunk driving, it is mandatory for you to submit to a certified chemical test. The test can include breath, blood, or even urine samples.
Many drivers assume that the portable, roadside test law enforcement offers will satisfy this requirement. Even if you agree to take a portable roadside test, you must provide a subsequent breath test at the police station, or a blood test at a hospital. Refusal results in license revocation for up to one year.
If you refuse a certified chemical test, the Indiana Bureau of Motor Vehicles is responsible for suspending your driver’s license. This automatic suspension – also known as administrative suspension – will be ordered by a judge at your first hearing if law enforcement present evidence which demonstrates that you refused a chemical test.
Let Us Protect Your Rights
At Brooke-Stevens, PC, we are committed to either getting your charges reduced or having your case dismissed entirely. Our Muncie criminal defense lawyers may be able to present evidence that the chemical test was performed improperly or that the machine wasn’t calibrated adequately. If successful, the court must suppress certain evidence or even throw it out altogether.