When pulled over on suspicion of driving under the influence (DUI) in Indiana, one of the most crucial decisions you may face is whether to submit to a breathalyzer test. While you have the right to refuse, doing so carries serious legal consequences under Indiana’s implied consent laws.

Indiana's Implied Consent Law

Indiana law states that by driving on public roads, you automatically consent to chemical testing—such as a breathalyzer—if law enforcement suspects you of DUI. Refusing the test can result in administrative penalties, regardless of whether you were actually impaired.

Consequences of Refusing a Breathalyzer

Refusing a breath test in Indiana can lead to:

• License Suspension – A first-time refusal results in an automatic one-year license suspension. A second refusal leads to a two-year suspension.
• Evidentiary Consequences – Your refusal can be used against you in court, as prosecutors may argue that refusal implies guilt.
• No Hardship License – If you refuse, you may be ineligible for a specialized driving privilege (hardship license), which allows limited driving during a suspension.

Can You Still Be Arrested for DUI After Refusing?

Yes. A refusal does not prevent an officer from arresting you for DUI based on other evidence, such as erratic driving, slurred speech, or failed field sobriety tests. Additionally, officers can seek a warrant for a blood draw if they believe you are intoxicated.

What Should You Do if You Refuse?



If you have refused a breathalyzer, it is important to seek legal guidance immediately. An attorney can help you navigate the suspension process and explore possible defenses. In some cases, it may be possible to challenge the legality of the stop or argue procedural errors in administering the test.

At Gary M. Selig, P.C., we provide legal assistance to the Indianapolis public, helping individuals understand their rights and options when facing DUI charges. If you’ve been arrested or refused a breath test, contact us to discuss your case.