Breath Test

Should I Take the Chemical/Breath Test in Indiana?

If you get pulled over by a police officer in Indiana under suspicion of driving under the influence, several different things may happen. The officer may just ask you some questions, or they may administer some tests. There are two different main “types” of tests to determine if your Blood Alcohol Content is above the legal 0.8 level: standardized and chemical. Should you take either of them?

The standardized tests include simple tasks like walking in a straight line or following a finger with your eyes. If a police officer asks you to do one of these, you can refuse without a penalty. After all, you could just be a little clumsy or nervous in a high-pressure situation and unable to walk in a straight line. Refusing may make you look suspicious in the officer’s eye, but you are legally allowed to do it without the fear of consequence.

Chemical tests are a different story. The chemical tests take a sample of your breath or blood to determine your exact Blood Alcohol Content level. These tests are much more exact than the standardized tests and are admissible as evidence in court.

So do you have to take the chemical test? The short answer is yes. When you get a Driver’s License in Indiana, you accept certain legal conditions by accepting your license. You accept that you will follow traffic laws. You accept that you will follow safety regulations. You accept that when a police officer asks you to take a chemical test, you will say yes. When a police officer asks you, you have already given your consent when you accepted your Driver’s License.

If you refuse to take the chemical test, you are breaking a legal agreement you already signed up for. Consequently, you will lose your Driver’s License for an entire year. If you have refused a chemical test once before, you will lose your Driver’s License for two years. You are not legally allowed to refuse a chemical test, and if you do, you will face the consequences of breaking the law.

What’s more, the police officer will likely get what they want anyway. If you refuse to take the chemical test, the police officer will likely get a warrant for your blood. With the warrant, the police will turn you over to a hospital and a nurse will draw your blood to test your Blood Alcohol Content. In addition to losing your Driver’s License, the police officer will still administer the chemical test - just without your consent.

If you are asked to take a standardized test by a police officer in Indiana, it is in your power to refuse. If you are asked to take a chemical test, however, it will just lead to losing your Driver’s License and having the test taken against your will. If you need help dealing with a Driving Under the Influence case in Indiana, contact Blankenship Law today! When your life is on the line, we’ve got your back!