In Indiana individuals do not necessarily have the right to speak with their attorney before taking a BAC breath test. Although you can refuse the test under the law we at Shapiro & Lozano do not recommend such an action. Take this scenario for instance:
After a couple beers you decide your safe to drive home. Along the way a police officer pulls you over for failing to signal a lane change. While questioning you he becomes suspicious that you’ve been drinking and asks for you to submit to a breath test. Knowing that you’ve had a few beers you are nervous the results may show that you’re driving over the legal limit despite not feeling intoxicated. The wisest course of action would be to agree to all tests the officer wishes to perform without question or argument.
The reasons you should submit to the testing have a lot to do with the repercussions for refusing the test. For instance, those that refuse a breath test have a much longer license suspension, may be forced to submit to blood tests at the nearest hospital, must undergo a detoxification in jail of 24 hours rather than lesser amount based on your breath test score, and not to mention a jury may find your refusal as a sign of admitted guilt.
Being cooperative and immediately contacting your attorney are the strongest courses of action.
