INDIANA DUI CHEMICAL EVIDENCE

In the state of Indiana, OWI offenders will be requested to submit to chemical tests of their blood, breath, and/or urine for purposes of determining the amount of alcohol and/or drugs present in the person's system. Which particular test and how many tests will be requested is in the discretion of the police. There is no right for an offender to select which chemical test will be given, and persons requested to submit to testing will not be given the right to speak with an attorney prior to making the decision of whether to submit to a chemical test. Under Indiana's implied consent law, persons who refuse chemical testing face administrative license suspension penalties (see the Indiana Driving tab for more information).

Under Indiana's chemical testing laws, only physicians or persons trained in obtaining bodily substance samples, acting under the direction of or under a protocol prepared by a physician, are permitted to obtain a blood, urine, or other bodily substance sample upon a lawful request of a law enforcement officer with probable cause to believe the person from whom the sample is to be obtained has committed an OWI violation. All chemical testing conducted in Indiana must be performed within 3 hours after the law enforcement officer had probable cause to believe the person committed an OWI offense. Persons involved in motor vehicle accidents that result in the serious bodily injury or death of another must be tested within 3 hours of the request to submit to chemical testing.

Chemical Testing In Indiana DUI Cases

BREATH TESTING - Two types of breath tests are conducted in Indiana OWI cases. A "portable breath test" (PBT) is defined under Indiana law as a "hand held apparatus that measures the alcohol concentration in a breath sample delivered by a person into the mouthpiece of the apparatus." A person who operates a vehicle in the state of Indiana is deemed to have impliedly consented to submit to a portable breath test or chemical tests as a condition of operating a vehicle in Indiana. PBTs are administered on scene prior to arrest. They are used to help aide the officer in making his determination of whether to make an arrest. The second type of breath testing conducted in Indiana is called evidentiary breath testing. Evidentiary breath tests are conducted at the police station subsequent to an OWI arrest. OWI suspects must be observed for at least 20 minutes prior to testing to ensure nothing is ingested or placed into the offender's mouth that would affect the validity of the test results. All breath testing must be conducted in accordance with the rules and procedures governing such testing under Indiana law.

SERIOUS BODILY INJURY/DEATH CASES - The police will give a PBT or chemical test to any person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury. Reasonable force necessary to obtain the sample may be used if the person does not consent and resists the taking of the sample. The police are permitted to request more than one portable breath test or chemical test. All chemical tests must be administered within three hours after the fatal accident or the accident involving serious bodily injury. The police are not required to offer a PBT or chemical test to an unconscious person.

BLOOD TESTING - Blood testing is considered the most reliable chemical test. In addition to measuring amounts of alcohol present in the person's system, blood tests may also detect levels of drug or drug metabolites. Blood testing is also the most invasive chemical test. All blood testing must be conducted in accordance with Indiana's laws governing chemical test evidence. Failure to properly label or preserve the sample may affect the validity of the test results and render the test inadmissible in court.

URINE TESTING - Indiana law allows the police to request urine samples from persons suspected of OWI. Urine testing is most often obtained in cases where the police suspect impairment by drugs. It is permissible for the police to request a urine sample following a breath test.