Indiana Implied Consent

Have you been charged with a DUI offense in Indianapolis? Do you feel like you were unfairly treated or charged? Well, a DUI defense lawyer in Indianapolis can help. At our law firm, we understand all the DUI laws and Indiana implied consent. We are ready to start working on your case immediately. Call us now and get in touch with DUI Lawyer Indianapolis. Call us at 317-517-9002 today!

What Is Indiana Implied Consent Law?

If you have been stopped for suspicion of operating a motor vehicle under the influence of drugs and alcohol, you will be offered a blood test or breath test. However, before the officer performs the test, he/she must read the DUI implied consent law to you. Otherwise, the test may be considered invalid.

In Indiana, once you get a driver’s license, you have given consent to be submitted to chemical testing if law enforcement personnel have probable cause to believe that you are operating a vehicle while under the influence of alcohol or drugs. If you refuse to do this test, there are some serious consequences. For instance, your driving license may be suspended.

On the other hand, if the police officer has probable cause to believe that you operated the vehicle while intoxicated, he/she will offer you the chance to submit to a chemical test. Note that, the chemical test must be done within 3 hours after you have been stopped because you are a DUI suspect. The police officer is allowed to offer more than one test. However, the test may not be performed if you are unconscious.

Under What Circumstances Can A PBT And/Or A Chemical Test Be Requested In Indiana?

You may be subjected to a portable breathalyzer test or a chemical test in Indiana under the following conditions.

  1. If there is probable cause to believe that you were operating a motor vehicle when intoxicated. Here, you are required to provide blood or urine samples to prove that you were not driving under the influence.
  2. On the other hand, the officer may request these tests if you have been involved in a motor vehicle accident that resulted in a serious accident that resulted in the injury or death of another individual. Here, if the officer has already performed the PBT test and indicates the presence of alcohol, they will perform the chemical test.

Note that, if the officer performs a PBT test that doesn’t indicate the presence of alcohol but the officer has enough probable cause to believe that you are under the influence of alcohol or another drug, they will perform a chemical test. If you also refused to take a PBT test, the officer may order a chemical test. For the best results, the chemical test must be performed within 3 hours after the vehicle accident.

An indiana implied consent laws graphic

What Happens When The Officer Offers A Chemical Test In Indiana?

If the police officer believes that you are driving while intoxicated and wants to do a chemical test, they must first read the implied consent law. Once you agree to the chemical test, the police officer must follow strict guidelines and will guide you through every step accordingly.

If you don’t consent to the test, refuse the test or if the officer is not able to get an answer from you, it is considered that you have refused the chemical test and the consequences will kick in. If your case ends up in trial, the refusal of the chemical test is admissible as evidence.

What Are The Consequences Of Refusing A PBT Or Chemical Test In Indiana?

If you refuse to submit to the tests, you may suffer the following DUI penalties.

  • Suspension of your driver’s license
  • You will become ineligible for specialized driving privileges
  • Failure of reinstatement of your driving license if you are found guilty of driving under the influence.
  • Consecutive license suspension
  • Conviction of an infraction

Note that, if your license is suspended because of failure to take the sobriety tests, you may not be able to use it for a year or 2 years if you have a previous conviction. Additionally, the arresting officer will confiscate your license immediately. The suspension will take place within 7 days after the date of the suspension notice.

How Can We Help?

Are you wondering whether or not you need the services of DUI Indianapolis lawyers if you have been convicted of driving under the influence of alcohol and drugs? Well, if you choose our law firm, we can help you in the following ways.

  • We will thoroughly investigate your case to make sure the proper procedure was followed when doing the sobriety tests. If the officer fails to read the implied consent laws or did not follow the letter of the law, we can ensure that you are free from conviction.
  • Secondly, we will investigate the test conducted thoroughly to make sure that it captures the accurate blood alcohol content at the time of arrest and was not altered in any way.
  • We will negotiate a favorable plea deal with the prosecutor to avoid hefty penalties.
  • Finally, if your case ends up in court, we are expert litigators who are prepared to present your case to the judge and jury for the best results.

Call us now and let us help out with your DUI case in Indiana. You don’t have to accept a guilty plea without any defense. Let us help you come up with the best defense for your case.

Call DUI Lawyer Indianapolis Today

If you have been driving while intoxicated, it’s always a good idea to accept a sobriety test rather than making things worse. However, if you feel that the officer violated your 4th amendment right by making an unreasonable stop and seizure, you are allowed to make a valid defense in front of a judge and jury.

As your attorneys from Rathburn Law, we have a proper understanding of the law. Therefore, we will ensure that your case is handled by the top attorneys in your firm to ensure the best results. Call us now at 317-517-9002 if you have been charged with a DUI offense. Our lawyers at DUI Lawyer Indianapolis are here for you.

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