Operating a Vehicle While Intoxicated (OVWI) is one of the most common crimes that people are charged with. Most of us have unfortunately made the choice to get behind the wheel after having a few drinks. The nightmare scenario, under those circumstances, is getting pulled over and becoming the target of an OVWI investigation. While there are several steps to an OVWI investigation, arguably the most impactful occurs when the police officer offers the suspect the option to either submit to or refuse a certified chemical test.
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call us: 317-526-4630Under I.C. 9-30-6-2, if a police officer believes that a person is likely operating a vehicle while intoxicated, the officer must read you “implied consent,” which informs the person about what will happen if they refuse to provide a certified chemical test result. The exact language is as follows:
- “I have probable cause to believe that you have operated a vehicle while intoxicated. I must now offer you the opportunity to submit to a chemical test and to inform you that your refusal to submit to a chemical test will result in the suspension of your driving privileges for one year. If you have at least one previous conviction for operating while intoxicated, your refusal to submit to a chemical test will result in the suspension of your driving privileges for two years. Will you now take a certified chemical test?”
The officer is not bluffing. If the person refuses to submit to the certified chemical test, the Bureau of Motor Vehicles (BMV) will administratively suspend that person’s license for one year. If the person has one or more previous OVWI convictions, the administrative BMV suspension will be for two years. These types of suspensions are separate from any court ordered suspension. The BMV’s stance is that driving is not a right, but a privilege. When a police officer believes a person is driving under the influence, and that person refuses to submit to a certified chemical test, the BMV will take away that person’s privilege to drive.
While a refusal suspension is generally difficult to overcome, all hope is not lost. Prior to January 1, 2022, it was impossible to get specialized driving privileges (aka a hardship license to drive to and from work) on a refusal suspension. Beginning in 2022, however, the legislature enacted I.C. 9-30-6-8(d), which allows judges to grant specialized driving privileges on a refusal suspension so long as an ignition interlock device is installed on the vehicle. It is also possible to negotiate a refusal suspension away in a plea agreement. Similarly, a judge has the authority to terminate a refusal suspension if the defense can establish that doing so would be in the best interest of society.
Refusal suspensions are no joke. From a practical perspective, a refusal suspension often stacks the deck in the prosecution’s favor when negotiating a resolution on an OVWI case. If you have a refusal suspension, you need an experienced attorney that knows how to navigate the complicated statutes that apply. Contact the attorneys at Banks and Brower anytime at (317) 870-0019 or at info@banksbrower.com.
