What does implied consent mean when driving in the State of Indiana?

Posted by Corey L. Scott | Feb 15, 2022 | 0 Comments

My name is Corey Scott, and I am a criminal defense attorney here in Indianapolis. If you have ever had the experience of reading over your police report, you may have noticed the term, “implied consent.” I get asked about this term from time to time, and I am more than happy to explain implied consent and what it means for drivers in the State of Indiana.

To put it briefly, if you get behind the wheel and drive in the State of Indiana, you have implicitly given your consent to submit to breath tests, urine tests, and any other sort of test that would be used to determine your level of impairment. Implied consent is the term used to describe the understanding that if you choose to drive, you have inherently given your consent to such tests.

This is not any fun to imagine, but say you were involved in an accident. If this accident resulted in serious property damage, or if God forbid, it turned out to be a fatal accident where someone lost their life, police have probable cause to investigate whether impairment played a role in said accident. Just by virtue of driving back and forth on the highways and streets of Indiana, you have agreed that if any accident does go down, you are willing to submit to testing.

How does implied consent play out in real life, though?

Let's say that you are involved in accident and police observe signs that lead them to believe you are under the influence. This could be anything from your behavior, to the circumstances of the actual incident. Perhaps they can smell alcohol on your breath, or there is something in the car that gives them probable cause. If they have probable cause, police will ask whether you are willing to submit to testing. There is a little card that they are supposed to take out in these situations and read to you, called the implied consent law. They go down the card and let you know that if you gave implied consent and refuse to submit to testing, you will automatically be penalized with a one-year driver's license suspension.  

This can be a very serious consequence, as we all need to be able to get back and forth to our destinations. Understand that if you are driving a car on the streets of Indiana, you have implicitly given your consent that if something were to occur, and there is probable cause for you to submit to testing, that you will do so. If you don't, then there is a stiff penalty to be paid in the way of a one-year license suspension.       

If you have any questions about implied consent, please give me a call or send me an email. I am always more than happy to talk with you. Until next time, remember, if you have to be guilty of anything, be guilty of greatness. Take great care.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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