What is the Indiana Implied Consent Law?

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

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Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI misdemeanor or DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

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