Indiana Implied Consent Law: What Happens If You Refuse a Breathalyzer

The moment an Indiana officer asks you to take a breath, blood, or urine test during a traffic stop, you're operating under the state's implied consent law. Indiana Code § 9-30-6-1 establishes that by driving on Indiana roads, you've already consented to a certified chemical test when an officer has probable cause to believe you're impaired. Refusing the test doesn't make the OWI charge go away — it creates a separate and arguably worse set of consequences.

The Automatic Penalty for Refusing

A first-time chemical test refusal triggers a mandatory one-year administrative license suspension through the BMV. Compare that to the 180-day suspension for failing the test (BAC at or above 0.08%). Refusing more than doubles the suspension period.

A second or subsequent refusal extends the suspension to two years.

The refusal suspension is administrative — the BMV imposes it independently of whatever happens in your criminal case. You could be found not guilty of OWI and still serve the full refusal suspension, because the administrative track operates on a lower standard of proof and a separate set of rules.

What Refusal Means for Driving Privileges

This is where the consequences get particularly harsh. Under standard SDP rules, drivers who refused the chemical test are completely ineligible for Specialized Driving Privileges during their suspension. A test failure gets you a shorter suspension and a straightforward SDP path. A refusal gets you a longer suspension with no standard driving relief.

That said, a 2020 amendment to Indiana Code § 9-30-6-8(d) created one narrow exception: a court can issue an order permitting a refusal driver to operate a vehicle equipped with a certified ignition interlock device. The IID must remain installed for the entire duration of the suspension, and the order lasts until the underlying criminal charges are resolved.

If granted, this IID exception provides two benefits beyond just being able to drive:

1. The BMV will not note an administrative suspension on your driving record while the order is in effect
2. The period of IID installation counts as credit toward any final court-ordered suspension

But securing this exception requires a court petition and judicial approval — it's not automatic, and the judge has full discretion to deny it.

The 10-Day Challenge Window

After receiving the refusal suspension notice, you have exactly 10 calendar days to submit a written request to the BMV to contest the suspension. The hearing is held at the BMV Central Office in Indianapolis (or remotely via phone if you file State Form 55646 at least 10 days before the hearing date).

Missing this 10-day window permanently forfeits your right to challenge the refusal suspension. The BMV cannot grant a retroactive hearing regardless of the circumstances.

The hearing itself is narrow — the Administrative Law Judge reviews whether the officer had probable cause, whether you were properly informed of the consequences of refusal, and whether you actually refused. The ALJ has 90 days to issue a final order.

Can the Refusal Be Used Against You in Court?

Yes. Under Indiana evidence rules, the prosecution can introduce evidence of your chemical test refusal at trial. The argument is straightforward: you refused because you knew the result would confirm impairment. While this isn't an automatic conviction, it's a significant piece of evidence that juries find persuasive.

Meanwhile, the prosecution can still build an OWI case based on field sobriety test performance, officer observations (slurred speech, bloodshot eyes, unsteady gait), and any other evidence from the traffic stop.

When Refusal Makes the Situation Worse

In nearly every first-offense scenario, refusing the chemical test produces a worse outcome than submitting to it:

• Longer suspension (one year vs. 180 days)
• No standard SDP eligibility (only the IID exception, if the court grants it)
• The refusal itself becomes evidence at trial
• The officer can still obtain a warrant for a blood draw, producing the BAC evidence anyway

The Indiana First-Offense DUI Guide covers both the test-failure and refusal pathways, including the IID exception petition process and a side-by-side comparison of what each scenario means for your driving privileges.

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