When an officer pulls you over for suspected Operating While Intoxicated (OWI) in Indiana, you face a critical decision: should you take a breathalyzer test? Under Indiana’s Implied Consent Law, driving on state roads means you have already agreed to take a certified chemical test if an officer has probable cause to believe you are impaired. However, Indiana recognizes two very different types of breath tests, and knowing the difference matters.
The portable roadside test (PBT)
The small handheld device an officer asks you to blow into on the roadside is a Preliminary Breath Test (PBT). Officers use it only to build probable cause for an arrest. Courts generally do not admit its specific BAC result as evidence of guilt.
You have the legal right to refuse a PBT, as well as field sobriety tests like the walk-and-turn or one-leg stand. Refusing a PBT does not violate Indiana’s Implied Consent Law, does not carry criminal penalties, and does not trigger an automatic license suspension.
The certified chemical test: refusal has serious consequences
If the officer arrests you, everything changes. At the station, the officer reads you the Indiana Implied Consent Warning and offers a certified chemical test — typically using an Intoximeter EC/IR II machine or a blood draw.
Refusing this test carries mandatory penalties:
- One-year license suspension for a first offense, rising to two years with a prior OWI conviction.
- No specialized driving privilege, that is, a refusal suspension that makes you completely ineligible for a hardship license to drive to work, school, or medical appointments.
- Possible forced blood draw. Prosecutors can quickly obtain a search warrant and legally compel a blood draw without your consent.
Knowing these penalties upfront can help you make a better decision in a high-pressure moment.
How refusal affects your criminal case
Refusing the certified test does not prevent the state from prosecuting you. Prosecutors can present your refusal to a jury as evidence that you knew you were intoxicated.
If you do take the test, a skilled defense attorney can challenge its results, by reviewing the machine’s calibration records, the operator’s certification, and whether officers followed the required 15-minute observation period.