Can I Refuse a Breathalyzer Test?

Driving under the influence (DUI) is a criminal offense in Indiana. Also known as Operating While Intoxicated (OWI), a citation carries serious consequences, the potential for a suspended license, fines, and possible jail time. In Indiana, if a person’s blood alcohol concentration (BAC) is over the legal limit of 0.08% or higher, they could be charged with a DUI or OWI. If convicted, harsh penalties and fines may occur. 

It is imperative that before the 10-day window is up after a citation, you contact our attorneys to defend your case and protect you from excess penalties, fines, and jail time. Contact us today to discuss your OWI case immediately.

What is implied consent in Indiana?

Once you receive your driver’s license in Indiana, according to Indiana State Law, a driver has agreed to implied consent for breath, chemical, and blood tests if OWI or illegal driving behavior is suspected. If you have been pulled over and law enforcement has asked for a breathalyzer test, the driver should comply. 

Implied consent laws require that drivers who have been arrested for an OWI must submit to either a blood or breath test. If a driver or motorist refuses a breathalyzer test, but has no previous criminal record of a DUI/OWI may have their license suspended for up to one year.  If the driver has previous criminal records indicating past DUI charges, the penalty increases. Although every situation is unique, our lawyers will do everything in our power to defend your case and guide you every step of the way. 

What steps should be taken after a OWI citation?

In Indiana, a driver cited with an OWI has a very small 10-day window to contact a lawyer and request representation. Not only is contacting a DUI attorney time-sensitive, but critical if you wish to have your penalties lessened and even expunged. Our legal team specializes in representing DUI/OWI cases in Indiana, dealing with cases involving suspended licenses, and working toward expungement for misdemeanor and felony crimes. 

Will I lose my license after a failed breathalyzer test?

Yes. After a driver has failed a  breathalyzer test, the state of Indiana requires an immediate license suspension for six months. Refusal to take a breathalyzer test in Indiana will result in a license suspension of 1-2 years. Most license suspensions begin after the BMV receives information about the failed breathalyzer test or once an initial hearing has occurred. 

For most people, a driver’s license allows the freedom to easily get from one place to another without much thought to how it will get done. A suspended license can be both personally and professionally damaging. A qualified OWI attorney on your case can significantly reduce the time a license is suspended or eradicate the suspension completely.

Contact DUI lawyers to aggressively defend your case

We understand the hardship and stress that a person endures after a DUI citation. It is important after a failed breathalyzer test to contact an attorney immediately to begin work on reducing or eliminating charges associated with your case. 

At Arshad Panger & Warring, our expert criminal defense attorneys specialize in advocating for your rights after a DUI or alcohol-related citation. Contact us today to discuss your case.