Refusing a breathalyzer in Indiana costs you your license for at least a year automatically, blocks you from the standard hardship permits that let other suspended drivers get to work, and does nothing to stop the state from drawing your blood under a warrant and using both the refusal and the result against you in court. Those administrative penalties land whether or not you are ever convicted of operating while intoxicated.
What Counts as a Refusal
By driving on an Indiana road you have already consented to a chemical test when an officer has probable cause to believe you are intoxicated. That consent is built into Indiana Code 9-30-6-1 and does not depend on you signing or saying anything at the stop.1Indiana General Assembly. Indiana Code 9-30-6-1 – Chemical Test for Intoxication; Implied Consent
The test covered by the law is the certified breath, blood, or urine test given at a station or medical facility. The handheld device an officer may use at the roadside during the initial investigation is a different thing, and declining it is not what triggers the penalties below.
You also do not have to say the word “no” to refuse. If your conduct would lead a reasonable person to conclude you are unwilling to take the test, that counts. Staying silent, stalling, or repeatedly demanding to call a lawyer instead of answering can all be treated as refusals.
Automatic License Suspension
When you refuse, the officer must warn you that your privileges will be suspended, take your physical license, and give you a receipt that works as a temporary permit until your first court hearing.2Indiana General Assembly. Indiana Code 9-30-6-7 – Refusal to Submit to Chemical Tests; Duties of Arresting Officer The officer files an affidavit with the court, and the BMV suspends your driving privileges.
The lengths are set by Indiana Code 9-30-6-9:
- One year if you have no prior OWI conviction.
- Two years if you have at least one prior OWI conviction.
These suspensions are administrative. They apply even if the OWI charge is dismissed or you are acquitted, and they stack on top of any separate suspension a court orders after a conviction.3Indiana General Assembly. Indiana Code 9-30-6-9 – Suspension of Driving Privileges; Duties of Bureau One traffic stop can produce two independent suspensions running back-to-back.
You Can’t Get a Normal Hardship License
This is where refusal costs more than failing. Indiana law makes drivers who refused a chemical test ineligible for the standard specialized driving privileges that would otherwise let you drive to work, school, or medical appointments.4Indiana General Assembly. Indiana Code Title 9 Motor Vehicles 9-30-16-1 Someone who takes and fails the test can petition for those privileges. Someone who refused cannot.
There is one alternative. Under Indiana Code 9-30-6-8 a court can order you to install a certified ignition interlock device on your vehicle instead of imposing the administrative suspension, and this option is available even when the affidavit states you refused.5Indiana General Assembly. Indiana Code 9-30-6-8 – Probable Cause; Suspension of Driving Privileges; Ignition Interlock Device If the court grants it, no administrative suspension is imposed and none appears on your driving record. The interlock order stays in place until the court tells the BMV the criminal case is resolved.
An interlock requires an alcohol-free breath sample before the car starts, plus rolling retests while you drive. You pay for it. Installation typically runs $50 to $150 up front, with daily costs averaging around $3.
Refusing Does Not Stop the Testing
Many people assume that refusing keeps the state from ever getting a blood alcohol number. It doesn’t. Officers can get a search warrant from a judge authorizing a blood draw, and your refusal has no effect on whether the warrant is granted. Once the warrant issues, medical personnel will draw your blood, with reasonable force if necessary.
The U.S. Supreme Court set the constitutional line in Birchfield v. North Dakota (2016), holding that a warrantless breath test is allowed as part of a lawful drunk driving arrest but a warrantless blood test is not, because the blood draw is a far greater intrusion.6Justia. Birchfield v. North Dakota, 579 U.S. (2016) The practical takeaway is that a state can impose civil penalties like license suspension for refusing a breath test, and Indiana’s implied consent penalties are civil and administrative, so they survive.
Your Refusal Can Be Used Against You
The state can prosecute you for OWI whether or not you took the test, and your refusal itself becomes evidence. Indiana Code 9-30-6-3 makes a refusal admissible at any proceeding related to the OWI charge.7Indiana General Assembly. Indiana Code 9-30-6-3 – Arrest; Probable Cause; Evidence of Intoxication; Refusal Admissibility The prosecutor’s argument is simple: you refused because you knew you would fail.
Combined with the officer’s testimony about your driving, your appearance, your speech, and your performance on field sobriety tests, the refusal fills the gap left by the missing chemical result. If officers also obtained a warrant and drew your blood after you refused, the jury hears both.
What Reinstatement Will Cost You
The suspension is only the start of the bill. When your suspension period ends, your license does not come back on its own. Indiana may require you to file an SR-22, proof of future financial responsibility that your insurer files electronically with the BMV.8Indiana BMV. Proof of Financial Responsibility You must keep that coverage without a lapse; a gap restarts the process.
Carrying an SR-22 means your insurer treats you as high risk, and premiums rise significantly for years. You will also owe reinstatement fees to the BMV, and any court-ordered conditions from the criminal case, like a substance abuse evaluation or an alcohol education program, have to be completed before you can get your license back. Between the suspension, the interlock, the higher premiums, the reinstatement fees, and any required programs, the total cost of a refusal runs into the thousands even if you are never convicted of OWI.