Why Refusing a Chemical Test for a DUI Stop Can be More Painful Now – South Bend DUI Lawyer

Indiana has an Implied Consent law that basically states that if you refuse to submit to a chemical test after an officer has established probable cause that you may have been operating a vehicle intoxicated, you face an automatic year suspension of your license. There are times when a refusal can help your criminal DUI case because the prosecutor does not have as easy of a case to present anymore. With an ACE (or BAC) result that is above a .08, the prosecutor simply has to enter the results of that test into evidence and you will likely be convicted (that’s a simplified version of how it works, but you get the idea).

However, the refusal of the ACE test after a DUI stop can now have a long lasting impact (as well as short term consequences).   By refusing to submit to the chemical test, you have essentially given up any hope of getting a Specialized Driving Privilege.

The Specialized Driving Privilege has all but replaced hardship licenses in Indiana. They are much easier to get and usually with fewer restrictions than the old hardship (or restricted) license under Indiana law. But, in order to get a license under the Specialized Driving Privilege statute, you have to certify to the Court that you have never refused a DUI chemical test.  If you have a refusal on your BMV record, you simply do not qualify.

If you have questions about your DUI case or your driver’s license, please contact my office at 574-966-0433 to see how I can help you get the best outcome possible for your case and your life.

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