Most people learn what they know about the drunk driving laws in Indianapolis from one of three places: social media, friends or television. Unless you’ve been arrested and charged with DUI before in Indiana, you probably have no idea what the process is. You may also have no idea what is actually at stake. One of the first questions people tend to ask their Indianapolis DUI lawyer is whether or not they can refuse to take a breathalyzer test during a traffic stop. And, as much as your drunk driving defense attorney would love to give you a yes or no answer, it isn’t quite that simple.
The easy answer to this question is that you absolutely have the right to refuse to take a breathalyzer test. Every citizen in the State of Indiana is allowed to legally refuse this sort of invasive search. However, if you choose to do so, you will suffer the consequences. This is because Indiana is one of the many states that has something called an implied consent law. Basically, by accepting a driver’s license, or by choosing to drive on the roads in Indiana, you consent to a search of your blood, breath and urine. Here, we’ll talk a bit about whether it’s a good idea to refuse to take a breathalyzer test in Indianapolis, especially if you know you’ll blow greater than the legal limit of .08. Of course, the best thing to do is to call and talk to an experienced DUI attorney in Indianapolis immediately after your arrest.
Your Indianapolis DUI Lawyer Understands Why You May Want to Refuse the Breathalyzer Test
If you get pulled over by the cops in Indianapolis, there’s probably a good reason. Maybe you have a bad registration. Perhaps you ran a red light or blew through a stop sign. If you’ve been drinking and driving, there is always the chance that you’ll get stopped by the police. They are trained to spot the signs of drunk driving. If they see you weaving or driving too slowly, they are going to suspect something is wrong. If they see you pull out of a bar parking lot after the last call, they have every reason to suspect that you’ve been drinking and driving.
If you have been drinking, you have a good idea of how drunk you are. If you think you’re going to score higher than a .08 on the breathalyzer, you may want to refuse the test. It’s only natural. Why give the police proof that you are indeed driving under the influence?
There’s Nothing Your DUI Attorney in Indianapolis Can Do to Prevent the Automatic Suspension of your Driver’s License
The problem with refusing to take a breathalyzer test is that there are serious consequences. Indiana is an implied consent state. According to Indiana Code section 9-30-6-1, all drivers in Indiana give the State consent to test their blood, alcohol or urine. If you refuse to take a breathalyzer, a few things will happen. First, the police officer will immediately confiscate your driver’s license. Second, your license will automatically be suspended for a period of at least one (1) year. If you have prior convictions for OWI or DUI, it will be suspended for two (2) years. There is nothing any DUI attorney in Indianapolis can do to stop this from happening.
It Makes Sense to Contact an Experienced Drunk Driving Defense Attorney in Indiana Sooner Rather than Later
Most people understand that, if convicted of DUI in Indiana, they’re going to face certain consequences. For example, even for a first offense, you’ll be charged more than $300 in fines. You will also face a lengthy suspension of your driver’s license. For some people, depending on their blood alcohol concentration and past criminal history, they may even have to serve jail time. The best way to defend yourself in this sort of situation is to hire a skilled drunk driving attorney in Indiana.
If you’re arrested and charged with DUI or OWI in Indianapolis, you will be put into handcuffs and taken to jail. You will get a chance to make your one phone call. That phone call should be to one of two people. Either call a seasoned Indianapolis DUI lawyer or call a family member who can contact an attorney on your behalf. You’re going to need to resolve the issue of bail. You’re also going to have to attend your first court hearing within days. You want to have an experienced drunk driving defense attorney there for this hearing.