April 2, 2025 | DUI

When a police officer stops you for driving under the influence, they may ask you to perform one or more field sobriety tests (FSTs). They watch for signs that you are intoxicated. The officer may also ask you to take a breathalyzer test to determine your blood alcohol content (BAC).

You can refuse a DUI breath test in Indiana. However, you may face several DUI penalties for refusing a breath test, including losing your driving privileges.

What Is a Breath Test for a DUI in Indianapolis, IN?

A breath test or breathalyzer is an alcohol measurement device. Devices include portable and stationary breathalyzers. A person provides a breath sample by blowing into a mouthpiece. The device measures the person’s breath alcohol content (BrAC). The amount of alcohol in the person’s breath relates to the alcohol concentration in their blood system.

The breathalyzer converts the BrAC level into a BAC level. The legal level for drunk driving in Indiana is .08% or higher. However, you could be arrested for DUI if the officer believes your BAC level impairs your driving abilities, even though your BAC is below the legal limit.

What Is the Difference Between a Preliminary Breath Test and a Certified Breathalyzer Test in Indiana?

Generally, officers ask drivers to take a breath test when they stop them for suspicion of driving under the influence. They use a portable breath test (PBT) at traffic stops. The result of a roadside breath test using a portable breathalyzer can give the officer probable cause for a DUI arrest.

However, the results from a portable breath test are not admissible in court. It may give the officer probable cause for an arrest, but it only indicates the need for additional testing.

Portable breath tests have their limitations. Individual physiology, environmental conditions, and other factors contribute to the potential inaccuracies of a preliminary breath test.

An evidentiary breath test or certified breath test is completed after a DUI arrest. The test is performed at the police station using an Intoximeter EC/IR II machine or other certified breathalyzer.

The results from a certified breath test are admissible in court because the device used is more sophisticated than a portable breath test. The machine is designed to measure BAC with greater accuracy. However, many factors could contribute to inaccurate results. You should always discuss your DUI ticket with an Indianapolis DUI attorney before pleading guilty to driving under the influence.

Penalties for Refusing a Breath Test in Indianapolis, IN

Indiana’s implied consent law can be found in Indiana Code 9-30-6-1. When you receive an Indiana driver’s license, you consent to a chemical test for blood alcohol content for driving under the influence.

When you are stopped for DUI, the officer asks you to take a breath test. You can refuse a roadside breath test before a DUI arrest. However, the officer may arrest you without the results from a portable breath test. The officer must have probable cause to believe you were driving under the influence for an arrest.

After a DUI arrest, an officer reads the implied consent warning to you and asks you to submit to a certified breathalyzer test. Refusing a breath test after a DUI arrest does have penalties. Your driver’s license is automatically suspended for one year. You are ineligible for a hardship license during this year.

Requirements for Conducting a Certified Breathalyzer Test After an Indianapolis DUI Arrest

Police officers should be trained to perform an evidentiary breath test. If the test is not performed according to specific requirements, the results may be inadmissible in court.

Requirements for an evidentiary breath test include, but are not limited to:

  • The officer must monitor you for at least 15 minutes before the test to ensure you do not eat or drink anything. You cannot smoke or put any foreign substance in your mouth during this time.
  • The certified breath test must be performed within three hours of the last time you operated a motor vehicle.
  • The officer must follow the instructions and procedures for operating the machine.
  • The officer must follow an alternate procedure if the machine returns an error message.

Mistakes, errors, and failure to follow procedures could result in false readings. A DUI defense lawyer can review the circumstances of your breath test to determine the potential defenses.

Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
(317) 759-2599