The Consequences of Refusing A Breathalyzer Test
If you have been pulled over for a suspected DUI, the police officer may ask you to take a series of sobriety tests. These tests will help determine if your blood alcohol content has exceeded the legal limit. Law enforcers use two methods to determine if a driver is intoxicated: a field sobriety test and a chemical test.
Standardized field sobriety tests involve Horizontal Gaze Nystagmus Test; the Walk and Turn Test; and. the One-Leg Stand Test. Drivers can refuse a field sobriety test without any legal repercussions. However, chemical tests which often take the form of a Breathalyzer, are required by Indiana law. Refusing to submit to such a test may result in additional legal trouble.
When it comes to DUI cases, we advise seeking legal counsel as soon as possible. At TMSCS Law, we’re committed to providing sound advice quickly and efficiently. As a leading law firm in Covington, we have all the knowledge to provide you with the best possible defense if you get arrested in Indiana.
Implied Consent and Possible Penalties
According to Indiana law, a driver’s license signifies implied consent to chemical sobriety tests. In the event of an alleged DUI, it’s understood that you’ve agreed to have your breath, blood, or urine analyzed. In some cases, law enforcement may ask you to take two or more of these tests.
Technically, no one can force you to take a Breathalyzer. However, the lack of chemical evidence does not automatically save you from potential jail time. In most cases, refusal to take the test may even lead to heavier legal penalties. In fact, the officer may consider your refusal as sufficient proof that you have been drinking.
Indiana law states that refusal to submit to a chemical assessment can lead to a one-year license suspension for first offenders. On the other hand, repeat offenders may face a two-year license suspension.
Drivers whose licenses are suspended for declining to take a Breathalyzer test are entitled to a court hearing. This is usually scheduled within 20 days from the date of the arrest.
Small Town Attorneys You Can Trust
A DUI charge can lead to heavy fines, license suspension, and even jail time. If you or a loved one has been arrested for impaired driving, it’s best to contact an experienced DUI attorney immediately.
Taylor, Chadd, Minnette, Schneider & Clutter P.C. handles cases in a range of legal disciplines, from business and estate planning to criminal defense and personal injury. Our team of experienced lawyers in Crawfordsville, Lebanon, Indianapolis and Covington, Indiana help clients navigate all kinds of legal processes with dignity and grace. Our goal is to deliver the best possible results in any given situation.
To know more about our services or to discuss a recent arrest, fill out our online form or call us at 765.361.9680.