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What is implied consent in Indiana?

If you are pulled over by law enforcement officials while driving in Indiana, it is likely that you will feel quite frustrated and defensive, even if you have done nothing wrong. You may be resistant to complying with what officers ask of you during this time, especially if they ask you to perform a Breathalyzer test.

If you have refused a Breathalyzer test when pulled over in Indiana, you may have been confused as to why you were charged with an OWI, even though there is no evidence to say that you were driving over the limit. You may have heard the term “implied consent” and wondered what it means.

What is implied consent in the context of an OWI charge?

Your drivers’ license in the United States is legally considered to be a privilege, not a right. This means that if you are pulled over and asked to perform a Breathalyzer test to verify your blood alcohol concentration (BAC), you will need to comply in order to keep your driving privileges. If you do not comply with the Breathalyzer test request, you will face the revocation of your license for a certain amount of time.

How long will I be unable to drive for?

In a typical situation, the amount of time that you will have your drivers’ license revoked for will depend on whether this is your first OWI offense. If it is your first offense, you will be unable to drive for one year. If you have previous convictions, you will be unable to drive for two years

It is important that you understand the law if you have been charged with an OWI in Indiana.