Helping Indiana Drivers Understand Their Rights Regarding Chemical Tests 

Fort Wayne OWI attorney experienced in test refusal cases

In Indiana, if a driver stopped for OWI declines a request to take a breath or blood test, it triggers an automatic license suspension and penal consequences. At the Law Offices of Ryan E. Lackey in Fort Wayne, we provide cost-effective legal representation for people facing OWI allegations throughout Allen County. We will explain your options and take all legal measures available to protect your rights.

What types of chemical tests could be requested following an OWI stop?

Tests used to measure blood alcohol content (BAC) or drug levels may include:

• Breath testing — Often used to measure BAC
• Blood testing — Common when officers suspect drugs or when more detailed results are needed
• Urine testing — Sometimes used when drug impairment is suspected
• Portable breath testing — Often used roadside during the OWI stop

Each test must follow legal and procedural requirements. If the test was not properly requested, administered or documented, the results may be invalid.

Are drivers required to submit to chemical tests during Indiana OWI stops?

Under Indiana Code § 9‑30‑6‑1, anyone who drives on the state’s roads has given implied consent to chemical testing if an officer has probable cause to arrest them for OWI. The officer must inform the driver that refusing testing will result in immediate suspension of their driving privileges. In addition, the driver’s refusal can be used as evidence of guilt in an OWI trial.

Note that the implied consent law does not extend to roadside preliminary chemical testing or field sobriety tests. These may be refused without legal consequences.

Can refusing to submit to chemical testing lead to enhanced OWI charges?

Refusal does not always create a separate OWI charge, but the penalties for refusing chemical testing can be serious on their own. Prosecutors may use the refusal as evidence of consciousness of guilt and the court may treat the refusal as an aggravating factor.

Refusal can also trigger a separate license suspension. Under Indiana law, refusal may result in a one-year suspension or two years if the driver has a prior OWI conviction. The penalties for refusing chemical testing can therefore be severe regardless of the outcome of the underlying OWI case.

If you refused chemical testing and are convicted of OWI, will your penalties be greater?

Refusal can increase the overall consequences of an OWI case. A refusal suspension may run separately from penalties imposed after an OWI conviction. That means a driver may face both criminal penalties and an additional licensing consequence.

A driver who refuses chemical testing may be ineligible for Specialized Driving Privileges (SPD), also known as a “hardship license.” In addition, a court may tend to impose penalties on the heavier end of its discretion if the driver is convicted of OWI.

Are there any ways to challenge Indiana’s mandatory penalties for refusing chemical testing?

Refusal penalties may be avoided in certain circumstances. An OWI attorney may examine whether:

• The officer had probable cause for the OWI investigation.
• The driver was properly advised of refusal consequences.
• The alleged refusal was clear and voluntary.
• The test request followed Indiana law. 
• The officer completed the required paperwork correctly.
• Body camera or dash camera footage contradicts the report.

Some cases may also involve medical conditions, confusion, language barriers or unclear instructions. These details matter because a refusal finding can affect your license for months or years. 

Contact an experienced Indiana OWI lawyer immediately for help

If you are facing an Indiana OWI charge or penalties for refusing chemical testing, the Law Offices of Ryan E. Lackey in Fort Wayne can provide effective representation focused on protecting your future. Call 260-222-7364 or contact us online to discuss your options with an experienced OWI attorney.