Whether you were sober or under the influence when you were pulled over, if you refused to take a breathalyzer or other field sobriety tests, you may be in violation of Indiana’s implied consent laws.
Continue reading to learn more about what implied consent is and the consequences of such a violation.
Implied consent impacts every driver in the state of Indiana. Anyone who gets behind the wheel of a car gives their consent to submit to a breathalyzer or other chemical test that can determine whether a driver is under the influence of drugs or alcohol.
In order to have probable cause to pull you over in the first place, law enforcement must have a reason to suspect that you are either drunk, drugged, or breaking the law in some way. Even something as minor as a broken taillight t is enough for the police to stop your vehicle.
When they do, if they have even the slightest thought that you might be under the influence, they have the right to request that you submit to a field sobriety test and a blood alcohol test.
Under Indiana implied consent laws, by simply operating the vehicle, you have already given your consent to the test. You do have the right to refuse, but not without serious consequences.
Law enforcement is more than likely going to assume you are drunk or drugged if you refuse to take a breathalyzer or chemical blood alcohol test. You will more than likely be arrested for a suspected DUI on the spot, and unless you have a sober passenger, your vehicle will be impounded, which means you’re already looking at a financial consequence.
At this point, maybe you are thinking that there is no way you could be convicted of a DUI if there is no proof of alcohol in your system. However, your simple refusal to take a blood alcohol test will likely be reason enough to find you guilty. What’s more, there is a mandatory one-year license suspension for refusal to adhere to Indiana implied consent laws, no matter whether you are innocent of the DUI.
For this reason, it’s never a good idea to refuse to submit to the portable breath test (PBT) or chemical blood alcohol tests.
If you are facing a DUI charge or a penalty for refusing to follow Indiana implied consent laws, a highly qualified Terre Haute DUI lawyer at Rowdy G. Williams Law Firm may be able to help you clear your name. You can schedule a free consultation by finding us online or calling our office at 1-812-232-7400.
