When you are stopped by law enforcement and are accused of drinking and driving, the officer will typically ask you to submit to one of three chemical tests, breath, blood, or urine.
In Indiana, having a blood alcohol concentration of .08 or above will mean you have failed that requested chemical test. If you fail any requested chemical test, you will be facing a pre-trial license suspension of 6 months from the IN BMV. You could be eligible to petition for Specialized Driving Privileges while you are under this suspension.
If you refuse any requested chemical test, you will be facing a pre-trial license suspension of 1 year. During that time, you will not be eligible for Specialized Driving Privileges, as the refusal will disqualify you for the entire refusal suspension time period. After you have served your refusal suspension, you would then be eligible for Specialized Driving Privileges, if you are facing additional suspensions. If you end up pleading guilty to the OWI charge, your attorney should attempt to negotiate a termination of the refusal suspension, so you won’t have to serve the entire 1 year suspension without the ability to drive.
Call Suhre & Associates at (317) 759-2599 to have all your OWI questions answered.