Refusing a Breath Test and Its Consequences
Trustworthy DUI Defense and Litigation
Breath testing has always had a long history in the country. It’s a method typically used to prove if someone was guilty of driving a motor vehicle while intoxicated. They were developed to assist the officer in determining if the person driving was intoxicated. While older devices and instruments such as the “Drunkometer” aren’t as reliable as modern equipment, it’s worth mentioning that they were first developed in Indiana.
Today’s devices and instruments used in breath testing are more accurate than ever, and it’s often the best evidence used in a DUI/OWI case. Here in Indiana, refusing a breath test is illegal if it’s requested by law enforcement, so you’ll need an experienced DUI defense lawyer to represent your case.
Understanding the Penalties for Refusing a Breath Test
A police officer will offer a chemical test if they pulled you over and have probable cause that you were driving while intoxicated. Should you refuse to take the test, your driver’s license may get revoked while you face fines and a jail sentence depending on the circumstances. However, an experienced criminal defense lawyer can negotiate a reduced license suspension period.
Frequently Asked Questions
What is Implied Consent?
Under Indiana law, DUI Implied Consent is when you consent to submit to chemical testing upon obtaining a driver’s license. This only happens if the officer that pulled you over has probable cause to believe you’re driving while intoxicated. Also known as the DUI implied consent law, you must read it before performing the test or it becomes invalid.
Can I Lose My Driver’s License for Refusing a Breath Test?
In most cases, your license gets suspended for a year. It would become two years if you were previously convicted of an OWI (operating while intoxicated). Either way, this is a serious matter as your suspension and punishment for refusing to take the test will not allow for a hardship license.
Can I Challenge the Results of a Breath Test?
A professional and experienced criminal defense lawyer may negotiate and seek other opportunities to defend you, but this depends on your legal situation. Of course, they’ll first evaluate your case thoroughly and determine your options for the charge. In the meantime, you may be advised not to plead guilty to any criminal DUI or OWI charges without legal representation.
Defending Your Breath Test Refusal
Call Matthew W. Chapel, Trial Lawyer for top-rated DUI defense and litigation services in Fort Wayne, IN. You can reach us at (260) 387-6236 to schedule a consultation! You can also reach us here and we’ll reply as soon as possible.