Portable Breath Test & the Right to politely Refuse

0

Everyone knows at least one field sobriety test… count backwards; keep your eyes on the pen, one-leg stand and the portable breathalyzer (PBT).  But to which of these tests MUST you submit if stopped for a DUI?

You may be surprised to know that you are not legally required to take any of these tests. InIndiana, driving is a privilege and not a right. This privilege requires something called “implied consent” and requires drivers to submit only to a certified chemical test if stopped for drinking and driving. Portable breathalyzers do not qualify as a certified chemical test and police officers may or may not inform you that the test is voluntary – nonetheless it is voluntary and only required if you are involved in an accident involving injury or death.

A certified chemical test may be given by blood or urine; however, it may also be by breath (only with a certified breathalyzer found in the police department.) The arresting officer has a 3 hour window in which to obtain the chemical test. Whether the test is by breath or bodily fluids is at the officer’s discretion. Refusal to submit to a certified chemical test will result in an additional one-year license suspension.  Driving while intoxicated charges are very preventable and the first line of defense against an arrest, however, everyone should know the rules.


Current Morning Briefing Logo

Stay CURRENT with our daily newsletter (M-F) and breaking news alerts delivered to your inbox for free!

Select list(s) to subscribe to



By submitting this form, you are consenting to receive marketing emails from: Current Publishing, 30 S. Range Line Road, Carmel, IN, 46032, https://www.youarecurrent.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
Share.

Portable Breath Test & the Right to politely Refuse

0

Everyone knows at least one field sobriety test… count backwards; keep your eyes on the pen, one-leg stand and the portable breathalyzer (PBT).  But to which of these tests MUST you submit if stopped for a DUI?

You may be surprised to know that you are not legally required to take any of these tests. InIndiana, driving is a privilege and not a right. This privilege requires something called “implied consent” and requires drivers to submit only to a certified chemical test if stopped for drinking and driving. Portable breathalyzers do not qualify as a certified chemical test and police officers may or may not inform you that the test is voluntary – nonetheless it is voluntary and only required if you are involved in an accident involving injury or death.

A certified chemical test may be given by blood or urine; however, it may also be by breath (only with a certified breathalyzer found in the police department.) The arresting officer has a 3 hour window in which to obtain the chemical test. Whether the test is by breath or bodily fluids is at the officer’s discretion. Refusal to submit to a certified chemical test will result in an additional one-year license suspension.  Driving while intoxicated charges are very preventable and the first line of defense against an arrest, however, everyone should know the rules.


Current Morning Briefing Logo

Stay CURRENT with our daily newsletter (M-F) and breaking news alerts delivered to your inbox for free!

Select list(s) to subscribe to



By submitting this form, you are consenting to receive marketing emails from: Current Publishing, 30 S. Range Line Road, Carmel, IN, 46032, https://www.youarecurrent.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
Share.