You’re driving home from a party. You had a few beers, but you’re not drunk. You see the blue and red lights in your rearview mirror, and suddenly, you’re worried. What do you do?
Police officers often use breathalyzers to test whether drivers are drunk. But do you have to take the test? What happens if you refuse? In this article, we’ll discuss your rights when it comes to breathalyzer tests—and what to do if you’re pulled over.
If you’re charged with driving under the influence, it’s best to speak with an Indianapolis DUI defense lawyer from the Rathburn Law Office P.C.. We can help you understand your rights and will examine every possible defense for your case.
Do You Have to Agree to Take a Breathalyzer Test?
If you’re pulled over and the police officer asks you to take a breathalyzer test, do you have to say yes?
If you are driving a vehicle in Indiana, you have given your implied consent to submit to a chemical test of your breath, blood, or urine to determine the presence of alcohol or drugs if you are suspected of operating a vehicle while under the influence (OWI) of alcohol or drugs.
That means that while you can refuse to take a breathalyzer, you will face penalties such as an automatic license suspension.
When Can You Be Asked to Take a Breathalyzer Test?
A law enforcement officer can request that you take a breathalyzer test if they have probable cause to believe that you are operating a vehicle while under the influence of alcohol or drugs. This means that the officer has observed signs of impairment, such as swerving or failing a field sobriety test.
You can also be asked to take a breathalyzer test at a DUI checkpoint. These checkpoints are typically set up at random locations to check for drivers who are under the influence of alcohol or drugs.
Do You Have to Agree to Take a Breathalyzer Test?
If you’re pulled over and the police officer asks you to take a breathalyzer test, do you have to say yes?
If you are driving a vehicle in Indiana, you have given your implied consent to submit to a chemical test of your breath, blood, or urine to determine the presence of alcohol or drugs if you are suspected of operating a vehicle while under the influence (OWI) of alcohol or drugs.
That means that while you can refuse to take a breathalyzer, you will face penalties such as an automatic license suspension.
What Happens If You Refuse to Take the Breath Test?
If you’re asked to take a test and you refuse, there are consequences. It’s vital to know what they are so that you can make an informed decision.
Refusing a breathalyzer test in Indiana can result in the following consequences.
Driver’s License Suspension: If you refuse to take a breathalyzer test in Indiana, your driver’s license will be suspended for one year for a first offense. This suspension can be extended to two years for a second or subsequent refusal.
Administrative Penalties: In addition to the driver’s license suspension, you may also face administrative penalties, such as fines and fees.
Criminal Penalties: Refusing a breathalyzer test may also result in criminal penalties if you are later convicted of OWI in court. Refusal can be used as evidence against you, and the fact that you refused can be seen as an indication of guilt.
You Can Still Be Charged With A DUI/OWI
It is possible to face OWI charges even if you refuse to take a Breathalyzer test. This is because a law enforcement officer may provide testimony about your behavior and appearance when you were pulled over.
If the circumstantial evidence is strong enough, the results of a Breathalyzer test may not be required to secure a conviction. In fact, the decision to refuse the Breathalyzer could be perceived by the court as evidence of intoxication.
Let a Competent DUI Lawyer in Indianapolis Help You!
If you have been charged with a DUI after refusing a breathalyzer, your next step should be contacting a DUI lawyer in Indianapolis from the Rathburn Law Office P.C.. Our lawyers will also explore any possible defenses that may be used in your favor depending on the circumstances of your arrest.
We can help with your case whether you refused or took a chemical test. Don’t delay this any further, call us now!
