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Indiana’s Implied Consent Law

Anyone who operates a vehicle in Indiana impliedly consents to submit to the chemical test provisions of the Indiana Implied Consent Law as a condition of operating a vehicle in this state.

The Indiana Implied Consent Law provides that a law enforcement officer who has probable cause to believe a person is operating a vehicle while intoxicated shall offer the person the opportunity to submit to a chemical test.  A chemical test is an analysis of breath, blood, urine, or other bodily substances in order to determine the presence of alcohol, drugs, or controlled substances.  Breathalyzer tests can be administered by police officers at the scene of the traffic stop.  However, in order to properly “offer” a chemical test for blood, urine, or other bodily substance, a police officer must transport the person to a hospital or arrange for the sample to be taken by a physician, nurse, EMT, or paramedic.

To be valid under the Implied Consent Law, a chemical test must be administered within three hours after the officer has probable cause to believe the person was operating a vehicle while intoxicated.  If the police officer wants to take a chemical test following the driver’s refusal to do so, the police officer has three hours to obtain a warrant from a magistrate or judge authorizing the taking of a bodily substance sample.

The police officer’s “offer” of a chemical test must also inform the driver that refusing to take a chemical test will result in the suspension of the person’s driving privileges.  A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of the law.  If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in evidence of intoxication, the arresting officer must take the person’s driver’s license or permit if the person is in possession of the document, submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred, and send a copy of the probable cause affidavit to the Bureau of Motor Vehicles.  The Bureau of Motor Vehicles is required to suspend a person’s driving privileges for refusal to submit to a chemical test.

The Indiana law also provides that a chemical test can be forcibly performed on a driver if the driver has been involved in a motor vehicle accident that resulted in the serious bodily injury or death of another person, an officer has probable cause to believe the driver has committed a drunk driving offense, and the driver has been transported to a hospital, medical facility, or other place where there is medical personnel trained in obtaining bodily substance samples.

If the chemical test shows that a person was intoxicated, the person’s driving privileges will be suspended for 180 days, or until a court disposes of the charges, whichever occurs first.  However, if a person refuses to submit to a chemical test, the driving privileges of the person will be suspended for one year, or until a court terminates the suspension.