Imagine that you are driving along and suddenly you’re pulled over by the police – you don’t even know why. The officer talks to you, asks you for your license, and then questions your sobriety. Before you know it you’re being asked to submit to a DUI test and you wonder – is this even legal? Do I have to agree to take this test? The short answer is yes, in Indiana you are required to submit to testing under the implied consent law.
When a driver in Indiana operates a motor vehicle he or she automatically consents to submit to a chemical test for intoxication. This applies to everyone with a license. What it means to you is that if you are asked to take a DUI test you have no other choice but to agree. Law enforcement must have probable cause to believe that you are driving under the influence when requesting the test. For this reason, an officer may sometimes ask you to take field sobriety tests to determine whether they think you are intoxicated.
The legal drinking limit in Indiana is 0.08% BAC (blood alcohol concentration). DUI tests are designed to measure BAC through the use of urine, blood, or breath evaluation. It is important to note that field sobriety tests are not included in the implied consent law. You are able to refuse field sobriety tests; however, it still may be unwise to do so. Regardless, an officer cannot order you to take a sobriety test because you do have the right to decline taking it. A qualified DUI attorney will answer your questions and help you resolve your case.
Refusal to consent may end up being worse than simply submitting to it. If you refuse to take it you will automatically be subject to additional and separate penalties that include the automatic suspension of your driver’s license. Additionally, the fact that you refused to take the test will likely be used against you in court in your DUI case. Suspension of your license is generally recommended for a period of one year for those with no previous DUI conviction or for two years if you have had a DUI conviction in the past. Another consequence of refusal is that you will not be eligible to seek a hardship license during the time of your suspension. Specialized driving privileges are up to the discretion of the judge.
Fighting DUI charges and implied consent situations can be done but require certain knowledge of Indiana DUI laws. If you have been charged with DUI or have refused to consent to chemical testing it is advisable to seek help from an experienced DUI attorney. Your lawyer will review every aspect of your situation to determine the best way to proceed. There are many possible ways to successfully defend DUI charges. If you were arrested and charged with DUI contact the skilled attorneys at The Bellinger Law Office to schedule a consultation.
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