Implied Consent in Indiana

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            A question frequently asked is whether one should provide a blood, breath, or urine sample when asked to do so by a police officer.  In the State of Indiana, the answer is a resounding yes.  The Hoosier State has among the most draconian penalties in the United States. If one refuses, the penalty is harsh.

Depending on one’s driving record, refusing to provide a sample of blood, breath, or urine will result in a loss of driving privileges for a minimum of one year and as much as two years.  There is no provision under Indiana Law that would allow one to obtain any form of Specialized Driving Privileges allowing one to drive during the pendency of the case.

            The Indiana Supreme Court has ruled that driving a motor vehicle is a privilege and not a right.  As such, the taking of one’s driving privileges is Constitutionally permitted under certain circumstances. The State uses this ruling to coerce its citizens.

            Indiana does not have much public transportation available outside of our major cities.  The loss of those privileges can be economically crushing and cause many to plead guilty just to get their driving privileges returned.

            The Indiana Legislature has enacted provisions that allow for people, irrespective of their driving record, to obtain Specialized Driving Privileges if they did not refuse to take the certified chemical test.  The Rathburn Law Office, as part of its representation of its clients seeks to obtain Specialized Driving Privileges for them.

            In addition, should the case need to go trial, it is much easier to argue to a jury the test result is not accurate and reliable rather than trying to persuade the jury that a refusal is not a tacit admission of guilt.