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What Happens if I Refuse a Breathalyzer Test in Indiana?

Driving under the influence (DUI), also referred to as operating while intoxicated (OWI), is a serious offense in the state of Indiana. Any person found to have a blood alcohol concentration (BAC) of 0.08 percent or higher will be placed under arrest and charged with OWI/DUI. Those who are convicted of OWI/DUI can expect to face harsh penalties. You may find yourself facing legal trouble regardless of your BAC level. If you are pulled over for a suspected OWI/DUI, the officer who stopped you will administer a series of field sobriety tests as well as a breathalyzer test if it is alleged that there is sufficient reason to believe you may be intoxicated.

If you refuse the breathalyzer test, the officer will immediate confiscate your driver's license and place you under arrest. Your license will be automatically suspended for a minimum of one year. If you have a prior OWI/DUI conviction, your license will be suspended for two years. This will take place whether you have been drinking or not. In Indiana, as soon as you obtain a driver's license and get behind the wheel of a vehicle, you have given your implied consent to submit to chemical testing. By refusing a breathalyzer test you are in violation of that implied consent and subject to arrest. You will also be ineligible to obtain a hardship license. If you have been placed under arrest after refusing a breathalyzer test or have been charged with OWI/DUI in Fort Wayne, Indiana, it is extremely important that you contact Fort Wayne criminal defense attorney Gregory A. Miller at once.

Before you answer any questions, and before you admit guilt, you need to consult with an attorney from my firm. For more than 14 years, I have been a strong advocate on behalf of those people charged with all types of OWI/DUI and other vehicle or drug-related crimes. My firm and I work hard to defend our clients' rights and I am committed to doing everything possible to pursue the most positive outcome in your case. I have a complete understanding of the law related to breath testing and breath test refusals and, through my knowledge and experience, may be able to take action and allow you to avoid the loss of your legal right to drive. Contact my firm as soon as possible, so I can thoroughly review all of the details of your case.