It is crucial for the drivers of Indiana to know about the implied consent law, especially if law enforcement officers suspect them of operating a vehicle while intoxicated. Having a good grasp of how and where this particular law applies can come in handy if a situation involving law enforcement officers ever arises in the future.
What is “implied consent law”?
According to the implied consent law, anyone driving in Indiana automatically consents to a certified chemical test (blood, urine or breath) if the police suspect you of driving under the influence. Initially, during a traffic stop, the law enforcement officer will take a field sobriety test. If you fail the test or refuse to take one, they may then verbally inform you about the consent law and ask you to take a certified chemical test. They should offer this test within three hours of the suspected violation.
Can you refuse to take the test?
While you are allowed to physically refuse the test, you might face administrative and civil penalties. Some of the legal consequences you may face include:
- Losing a driver’s license for one year through an automatic suspension, no matter the ultimate verdict the court hands down
- Forfeiting your eligibility for standard specialized driving privileges
- Allowing the prosecution to use your refusal as evidence of guilt during your trial
In case the driver refuses to take the test, the police might still be able to get a warrant from the court to proceed with a blood test to determine the presence of alcohol or drugs.
How does the court evaluate the OWI case?
In the spirit of ensuring fair judgment, Indiana courts typically evaluate the specific circumstances surrounding a traffic stop, providing an opportunity to clarify the situation. For example, if a law enforcement officer fails to follow standard procedures or neglects to inform a driver of the legal ramifications of refusing a chemical test, the resulting license suspension may be open to a legal challenge. Furthermore, a lack of probable cause for the initial vehicle stop can serve to bolster a defense.
How a legal guide may help
Identifying procedural errors requires an eye for details and knowledge of state statutes. If you come to face this situation, it is prudent to rely on legal counsel experienced in OWI cases to evaluate the technical details of their stop.