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Is it a Requirement to Take a Chemical Test for an OWI?

Is it a Requirement to Take a Chemical Test for an OWI?

If you are pulled over under suspicion of OWI, you will be administered a chemical test in one of the following forms:

  • Breath Test
  • Blood Test
  • Urine Test

Under Indiana law, you are in fact required to take a chemical test when arrested for OWI because the state considers driving a privilege, not a right. As long as your arrest was made in a lawful manner, you are held to the state’s “implied consent” law which says you are required to take one of these tests. In some cases, the officer will ask you to take more than one of the chemical tests.

What Happens if I Refuse the Test?

With a refusal, the Indiana Bureau of Motor Vehicles, the state’s administrative agency, is responsible for suspending your license. You will automatically lose your driver’s license for a minimum of one year. An administrative suspension will be ordered by the judge during your initial hearing if the officer is able to provide evidence that you refused to take a chemical test.

If, ultimately, you are convicted of OWI, the court will impose a lengthier suspension that will be in addition to your automatic administrative suspension. You will have the opportunity to get your license back at the hearing that is usually around 20 days after your arrest. If you cannot convince the court that you should have your license, the suspension will last for a year from your first refusal date.

Talk to Brooke-Stevens, PC for Assistance

At Brooke-Stevens, PC, we suggest that you do not refuse to take a chemical test if you are arrested. The consequences for a refusal are less than for an OWI, but a refusal does not guarantee that you will not be convicted. If you have any questions on how to handle any aspect of your OWI case, speak with our team at once.