Refusing a Chemical Test in an Indiana DUI/OWI

One of the most common questions asked about drunk driving or drug-impaired driving offenses is what happens if you refuse to submit to a breathalyzer or chemical test when asked to do so by law enforcement. In Indiana, the consequences of refusing such a test are automatic and severe. Your license will be suspended for one year if it is a first offense and for two years if you have a prior conviction related to drunk or drug-impaired driving. You will also be arrested for OWI. Therefore, in deciding whether or not to refuse such a test, it is important to consider whether you can afford to lose your driving privileges, which will impose a serious hardship on your lifestyle and your ability to get to work or school. Furthermore, if your OWI arrest results in a conviction after your refusal to take the test, you will face an additional license suspension by the court following the automatic administrative suspension by the Bureau of Motor Vehicles.

The Bureau of Motor Vehicles imposes the first license suspension automatically when notified of your refusal to take a chemical test. As an administrative agency, it is not interested in the issue of your guilt or innocence; part of your responsibility as a driver issued a license by the state is your implied consent to take such a test when asked to do so by law enforcement. Thus, if you refuse, you have violated that agreement which results in the loss of your right to drive. In most cases of chemical test refusals, you also cannot get a restricted or hardship license, even to drive to work, after such an incident.

What to Do Following an OWI Arrest in Fort Wayne, Indiana

Because of the serious consequences and complications of an Indiana OWI, it is crucial that you have experienced and skilled legal help from an attorney who knows how to get the best possible outcome for your case. As a Fort Wayne criminal defense attorney, Gregory Miller has effectively defended many OWI cases. In such cases, it is important that you do not plead guilty to any charges without first discussing your case with him and getting the knowledgeable legal help you need.

In any OWI arrest and charge, it is in your best interests to contact the Law Office of Gregory Miller as soon as possible to find out the best possible course of action to take and to ensure that your legal rights are fully protected.

If you have refused to take a chemical test in an OWI incident, contact aFort Wayne OWI attorney for comprehensive legal representation today.