Breathalyzer Tests and Automatic License Suspensions

AUTOMATIC DRIVER’S LICENSE SUSPENSION IN INDIANA IS NO JOKE.

REFUSING TO COOPERATE AND PROVIDE A SAMPLE WILL RESULT IN AN AUTOMATIC LICENSE SUSPENSION WITH LONG LASTING CONSEQUENCES.

Many times, out of state drivers are under the (mistaken) impression that if they are pulled over by a law enforcement officer in Indiana, and the officer requests that the driver blow into a portable Blood Alcohol Test device (commonly referred to as a Breathalyzer), that refusing is in their best interest.  Nothing could be further from the truth.

When a driver refuses to blow into a PBT (Breathalyzer), he or she has just set off a long series of events known in some corners as “unforced errors.”

1st:    Even if you are not under the influence of alcohol or illegal substances, you have just guaranteed that you will have what’s called an AUTOMATIC DRIVER’S LICENSE SUSPENSION.

2^nd:      The Law Enforcement Officer is required to call a judge to issue a SEARCH WARRANT for your blood.  And . . . if the judge was in bed and sleeping, and the judge’s sleep is disturbed because you refuse to blow into a Breathalyzer after the officer has requested that you give a sample, how do you think that will help you?

3^rd        The probable cause affidavit that will be prepared by the prosecutor, will inform the judge or magistrate that this was a refusal to provide a chemical test sample and that the State Legislature enacted the law that requires the Indiana Bureau of Motor Vehicles to automatically suspend your driver’s license for at least 1 year.

Hopefully, you are reading this BEFORE an unfortunate traffic stop occurs.  And, you remember, when you are requested by a Law Enforcement Officer to Blow in a Chemical Breath Tester, you blow.  If he or she asks that you do it a 2^nd time, you blow.  And, if you are asked a 3^rd time, you blow.

And . . . when you are asked to blow, blow as hard and as long as you can!

Most importantly, if you have been charged with a Driving While Under the Influence in Indiana, and you refused to give a breath sample and a blood sample, call Matt Chapel Law for an aggressive defense.