Refusing a Chemical Test in Indiana: BMV Suspensions, Warrants for Blood Draws, and SDP Eligibility
Refusing a chemical test in Indiana results in an automatic 1-year license suspension for a first refusal, and a 2-year suspension if you have a prior OWI conviction. Furthermore, police can easily obtain an electronic warrant to force a blood draw, meaning you may still face OWI charges even after refusing.
Indiana's Implied Consent Law and Refusals
In Indiana, driving is considered a privilege, not a right. Under the state's Implied Consent Law, Ind. Code § 9-30-6-1, any person who operates a vehicle on Indiana roadways implicitly agrees to submit to a chemical test (breath, blood, or urine) if an officer has probable cause to believe they are intoxicated. Refusing to take this official test triggers immediate and severe administrative penalties from the Indiana Bureau of Motor Vehicles, Indianapolis, distinct from any criminal OWI charges you may face. Courts in Bloomington, Carmel, and Lafayette vigorously uphold these suspensions.
Step-by-Step Consequences of Refusing a Chemical Test
Understanding what happens immediately following a refusal can help you make informed decisions about your defense. The process moves very quickly once a refusal is recorded.
Step 1: The Automatic BMV Suspension (1 vs. 2 Years)
The moment you refuse the certified chemical test at the station (a portable breath test on the side of the road does not count for this suspension), the officer will confiscate your license and submit a probable cause affidavit to the court. Under Burnell v. State, 56 N.E.3d 1146 (IN Supreme Court 2016), an explicit verbal refusal is not required; evasive conduct or walking away from the officer legally constitutes a refusal under implied consent. Under Ind. Code § 9-30-6-9, the court will forward this finding to the BMV. A first-time refusal results in a strict 1-year suspension of your driving privileges. If you have any prior OWI conviction on your record, refusing the test results in a 2-year suspension.
Step 2: Electronic Warrants for Forced Blood Draws
Many drivers mistakenly believe that refusing a breathalyzer prevents the state from obtaining evidence of intoxication. However, Indiana police routinely use electronic warrant systems from their patrol cars under Indiana search warrant statutes like Ind. Code § 35-33-5-1. Governed by Fourth Amendment standards in Missouri v. McNeely, 569 U.S. 141 (US Supreme Court 2013) and Birchfield v. North Dakota, 579 U.S. 438 (US Supreme Court 2016), officers can submit an affidavit to an on-call judge who can issue a warrant within minutes. Once the warrant is signed, the police will transport you to a hospital to conduct a forced blood draw.
Step 3: Challenging the Refusal at a Hearing
You have the right to challenge the suspension at an administrative hearing, often held at local courts like the Monroe County Circuit Court, Bloomington or the Hamilton County Superior Court, Noblesville. At this hearing, you must prove that the officer lacked probable cause for the initial stop, or that you did not actually refuse the test (for example, if a medical condition prevented you from providing a sufficient breath sample). If the court finds in your favor, the refusal suspension may be lifted.
Step 4: The Battle for Specialized Driving Privileges (SDP)
One of the harshest penalties for a chemical test refusal in Indiana is the restriction on hardship licenses. Under Ind. Code § 9-30-16-1, individuals who refuse a chemical test are generally strictly prohibited from receiving Specialized Driving Privileges (SDP). This means you cannot legally drive to work, school, or childcare for the entire duration of the suspension. However, in very limited procedural circumstances or through plea negotiations, attorneys sometimes find avenues to address this, making legal representation crucial. The BMV cannot grant driving privileges administratively, and no 'Form SDP-1' exists. Instead, if eligibility is restored, you must petition a local Circuit Court or Superior Court under Ind. Code § 9-30-16-4 using Form Non-Numbered, Indiana, Coalition for Court Access, Verified Petition for Specialized Driving Privileges.
Costs and Hardships of a Refusal
The financial and personal costs of a refusal often outweigh the perceived benefits of withholding evidence.
- Loss of Income: Because SDP is generally unavailable for refusals, you may lose your job if you cannot arrange alternative transportation for a full year.
- BMV Reinstatement Fees: A chemical test refusal requires paying reinstatement fees to the BMV once the suspension ends.
- Dual Penalties: If you are convicted of the underlying OWI based on the blood draw warrant, the court-ordered suspension for the OWI conviction may run consecutively to your refusal suspension.
Frequently Asked Questions (FAQ)
Does refusing the Portable Breath Test (PBT) count as a refusal?
No. The handheld device used on the side of the road (PBT) is for establishing probable cause. The official refusal only occurs if you reject the certified chemical test (Datamaster breathalyzer at the station or a blood draw at the hospital) after being read the Implied Consent warning.
Can I get a hardship license if I refused the test?
Generally, no. Indiana law explicitly bars drivers who refuse a chemical test from obtaining Specialized Driving Privileges (SDP). This is why challenging the legality of the refusal in court is often the only way to save your license.
Can I change my mind and take the test after refusing?
Once you give a clear refusal, the officer is not obligated to offer the test again, even if you change your mind a few minutes later. The refusal is usually considered final at that moment.
Will I still be charged with an OWI if I refuse?
Yes. Prosecutors can charge you with OWI based on the officer's observations (slurred speech, poor balance, odor of alcohol) or based on the results of a blood draw obtained via a warrant following your refusal.
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