Reader’s Question:

This is my second offense for DUI here in Indiana. I feel so dumb because I refused to take a chemical test. What are the consequences that I am facing now?

Bloomington, IN

You should know better since this is your second DUI offense in Indiana. Well, you always have an option to refuse any test. But, of course, there are several consequences that you will face.

In the state of Indiana, since this is your second offense, there will be a two-year license suspension. While there is a work-restricted license option available for those who were found guilty of a blood alcohol level above .08%, this will not be available for you. If a refusal was written in the complaint, there is a minimum jail sentence that is a mandatory penalty.

If you choose to refuse blood, urine or breath testing, the evidence can be used against you in court as consciousness of guilt. Your lawyer can suggest other possibilities, like a phobia to needles or that you were unable to blow into the breathalyzer hard enough