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What happens if I am pulled over for OWI and refuse the certified breath test?

A:

The Indiana Implied Consent laws state that a person who operates a vehicle impliedly consents to submit to the chemical test provisions of the state laws as a condition of operating a vehicle in Indiana.  A law enforcement officer who has probable cause to believe that a person has violated Indiana's drunk driving laws is required to offer the person the opportunity to submit to a chemical test.  The officer is not required to offer a chemical test to a person who is unconscious and may offer more than one (1) chemical test.  The chemical test must be administered within three (3) hours after the officer had probable cause that the person committed a drunk driving offense.  A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent laws.       
                If a person refuses to submit to a chemical test, the arresting officer shall inform the person that refusal will result in the suspension of the person's driving privileges. In Kosciusko County the law enforcement officer will typically read the implied consent warning off of a card or OWI Checklist, stating: 

"I have probable cause to believe that you have driven under the under the influence of intoxicating liquor or drugs.  Before I can place you under arrest I must offer you a breath test for intoxication to be given by a qualified breath test operator.  If you refuse to submit to the test, your license to drive in Indiana will be suspended for one year."

             If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of driving privileges or submits to a chemical test that results in prima facie evidence of intoxication, the arresting officer shall obtain the person's driver's license or permit if the person is in possession of the document and issue a receipt valid until the initial hearing.  The officer shall submit a probable cause affidavit to the prosecuting attorney of the county in which the alleged offense occurred.  And the officer shall send a copy of the probable cause affidavit to the bureau of motor vehicles.

             If the affidavit of probable cause states that a person refused to submit to a chemical test, the bureau shall suspend the driving privileges of the person for one (1) year.  If the person has at least one (1)  previous conviction for operating while intoxicated, the bureau shall suspend the persons driving privileges for two (2) years.  The court can order that the administrative suspension be terminated under IC 9-30-5.  This license suspension is in addition to any suspension ordered by the court if the person is convicted of the offense of operating while intoxicated.

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