REFUSING TO COOPERATE AND PROVIDE A SAMPLE WILL RESULT IN AN AUTOMATIC LICENSE SUSPENSION WITH LONG LASTING CONSEQUENCES.
Many times, out of state drivers are under the (mistaken) impression that if they are pulled over by a law enforcement officer in Indiana, and the officer requests that the driver blow into a portable Blood Alcohol Test device (commonly referred to as a Breathalyzer), that refusing is in their best interest. Nothing could be further from the truth.
1st: Even if you are not under the influence of alcohol or illegal substances, you have just guaranteed that you will have what’s called an AUTOMATIC DRIVER’S LICENSE SUSPENSION.
2nd: The Law Enforcement Officer is required to call a judge to issue a SEARCH WARRANT for your blood. And . . . if the judge was in bed and sleeping, and the judge’s sleep is disturbed because you refuse to blow into a Breathalyzer after the officer has requested that you give a sample, how do you think that will help you?
3rd The probable cause affidavit that will be prepared by the prosecutor, will inform the judge or magistrate that this was a refusal to provide a chemical test sample and that the State Legislature enacted the law that requires the Indiana Bureau of Motor Vehicles to automatically suspend your driver’s license for at least 1 year.
Hopefully, you are reading this BEFORE an unfortunate traffic stop occurs. And, you remember, when you are requested by a Law Enforcement Officer to Blow in a Chemical Breath Tester, you blow. If he or she asks that you do it a 2nd time, you blow. And, if you are asked a 3rd time, you blow.
And . . . when you are asked to blow, blow as hard and as long as you can!
Most importantly, if you have been charged with a Driving While Under the Influence in Indiana, and you refused to give a breath sample and a blood sample, call Matt Chapel Law for an aggressive defense.
If you have questions about a matter that is pending before a court in Northeast Indiana or Northwest Ohio, contact Matt Chapel immediately. Call Matt at 260-387-6236 or email him at firstname.lastname@example.org.