Being pulled over and ordered to conduct a sobriety test isn’t something anyone wants to go through. But can you refuse to perform a sobriety test in Indiana?
It’s probably temping to tell the officer you don’t want to do any of the field sobriety tests, but it’s important for you to understand that if you refuse, there might be consequences.
Types of Sobriety Tests in Indiana
There are a few common field sobriety tests you may be given when you’ve been pulled over for suspected DUI:
- The walk-and-turn test
- The stand-on-one-leg test
- The horizontal gaze nystagmus test, in which the police officer asks you to follow a penlight with your eyes
- Test for blood alcohol concentration, which could be a blood draw or breath test
Consequences of a Refusal
For most field sobriety tests, your refusal will not automatically result in an administrative license suspension. That doesn’t mean it’s advisable for you to refuse or that there won’t be consequences. The officer can still arrest you, and you could still be charged with a DUI.
If you refuse to submit to a chemical test, such as a blood draw or breath test, you may get your license suspended. The implied consent law states that everyone who operates a motor vehicle in Indiana has given consent for chemical testing when pulled over by any law enforcement officer in the state.
You Have the Right to Refuse
You do have the right to refuse sobriety tests in Indiana. Attorneys from our office have challenged the accuracy of sobriety tests. These types of tests are fallible. If you’ve been charged with a DUI or other alcohol-related offense, you can fight the charges, but you may need an experienced defense lawyer on your side.
Meet with a Terre Haute DUI Lawyer
If you are facing an alcohol-related charge, it’s understandable that you would wonder whether you can refuse to perform a sobriety test in Indiana. Now you know you can refuse, but there may be consequences. If you need legal help with a DUI, contact an attorney from our firm.