DUI refusal to submit breathalyzer

[darkkevin]

NOT ME!! just getting that out of the way, LOL!
recently have read two separate stories in the paper of an intoxicated driver arrested and refusal to submit to blood/breath test's, both stories said a warrant was immediately issued for a blood draw and it was done without the person's "consent"
my understanding in INDIANA was you have the right to refuse the test but it was an automatic driver's license suspension and you wouldn't even be able to argue for work license. neither person i read about caused an accident, injured anyone (one guy was sleeping in his running car in park) but in both cases the police forced a blood draw to prove/disprove guilt.
I agree with the obvious, don't drive intoxicated and it won't be a problem, but i'm not sure why this practice is taking place. maybe i just need enlightening. both stories originated from porter county if that matters.

 

[Ademus]

I was under the impression that if you refuse the breathalyzer, they would then require the blood test

 

[cook5oh]

Indiana Implied Consent law requires you to take a chemical test if you've been arrested under suspicion of OWI. Refusal can result in a license suspension. In my county we are pretty much required to obtain a warrant if they refuse either chemical test (Breath test instrument or blood draw). It's all about having enough evidence to obtain a conviction. With out a chemical test result it is much harder to get a conviction. It's pretty much routine anymore.

 

[Kutnupe14]

Sure you can refuse a certified test, but since in receiving your license a person agrees to take a certified test if suspected of OWI (ie a contract), a judge issuing a warrant, in effect forced a party to abide by the conditions of the contract.

 

[Nmathew24]

Sure you can refuse a certified test, but since in receiving your license a person agrees to take a certified test if suspected of OWI (ie a contract), a judge issuing a warrant, in effect forced a party to abide by the conditions of the contract.

Took the words right from my finger.

 

[BehindBlueI's]

You can refuse. This will result in a license suspension.

This leads me to two choice:

A) I can seek a warrant. I will get a certified test anyway.

-or-

B) I can not seek a warrant and just charge you with the information I have. You don't need a specific BAC to prove OVWI if you can prove impairment. The guy sleeping in the car, you'd need a BAC because you don't have any driving behavior.

 

[Trigger Time]

You can refuse the portable officer administered breath test and be fine. You cannot refuse a blood or certified breath test once youve been arested without losing yoir license. Might as well submit at that point because theyre gonna get it anyways.
I hate drunk drivers

 

[SumtnFancy]

Come get my blood. Not gonna happen.

 

[public servant]

 

[Trigger Time]

How does a baby get so fat

 

[Trigger Time]

Come get my blood. Not gonna happen.

Oh it will happen. The real question is how many of your teeth they knock out doin it

 

[public servant]

How does a baby get so fat

Butter?

 

[Kutnupe14]

Come get my blood. Not gonna happen.

lol, heard that one before champ. I hope you're a bullrider, 5 secs is all you need.

 

[public servant]

 

[cook5oh]

Come get my blood. Not gonna happen.

I wont have to come get you. You will already be in custody at that point

 

[ticktwrter]

Come get my blood. Not gonna happen.

I've heard that before. The issued warrant gives me the right take the blood from you. If that means it take 5 cops to hold you down while the lab draws the blood than so be it. It's a warrant signed by a judge.

 

[JB357Mag]

Its easy, if you want to get hammered, stay home or get a ride.

Plan ahead.

Jimmy

 

[inav8r]

You operate a motor vehicle? You already gave consent. You don't have a "right" to refuse.

Indiana Code 9-30-6

IC 9-30-6-1
Chemical test for intoxication; implied consent
Sec. 1. A person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a vehicle in Indiana.
As added by P.L.2-1991, SEC.18.

 

[Miketodd]

I've heard that before. The issued warrant gives me the right take the blood from you. If that means it take 5 cops to hold you down while the lab draws the blood than so be it. It's a warrant signed by a judge.

Not in the ER I work in. Some restraints and Haldol is all we need to get the blood. We don't have much sympathy for those that come in under arrest for a blood draw.

 

[GodFearinGunTotin]