Testing and evidence
Implied consent and refusal in Indiana
The test requested, legal grounds and applicable statute matter.
Under the cited refusal rule in Indiana: Under the ordinary implied-consent section: one year for refusal, or two years with at least one prior OWI conviction, unless the suspension is ordered terminated under IC 9-30-5.. The conditions below identify its scope. A roadside screening request, an evidential test and a warrant are not interchangeable legal grounds.
What a refusal does in Indiana
- Suspension length after a refusal
- Under the ordinary implied-consent section: one year for refusal, or two years with at least one prior OWI conviction, unless the suspension is ordered terminated under IC 9-30-5.
- The section excludes cases with the specified ignition-interlock order under § 9-30-6-8(d). The separate accident-testing statute has its own conditions.
- Other consequences of refusing
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
- Suspension under the cited rule
- For chemical-test evidence of intoxication under this section: 180 days, or until BMV is notified that the court has disposed of the charges, whichever happens first.
- This section does not apply when the specified ignition-interlock order under § 9-30-6-8(d) is issued. A conviction can have separate license consequences.
Roadside tests and chemical tests are different things
Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.Check the suspension notice or order and the licensing agency’s official instructions. Do not rely on the criminal court date.
- Suspension under the cited rule
- For chemical-test evidence of intoxication under this section: 180 days, or until BMV is notified that the court has disposed of the charges, whichever happens first.
- This section does not apply when the specified ignition-interlock order under § 9-30-6-8(d) is issued. A conviction can have separate license consequences.
- After a refusal
- Under the ordinary implied-consent section: one year for refusal, or two years with at least one prior OWI conviction, unless the suspension is ordered terminated under IC 9-30-5.
- The section excludes cases with the specified ignition-interlock order under § 9-30-6-8(d). The separate accident-testing statute has its own conditions.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.