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Indiana statute

Ind. Code § 9-30-7-5 — Refusal to submit; penalties; suspension; proof of future financial responsibility

Current through 2026 Regular Session

Part of Chapter 7: Implied Consent in Accidents Involving Serious Injury or Death, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 9-30-7-5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 9-30-7-5Primary source, current through the 2026 Regular Session
Sec. 5. (a) A person who refuses to submit to a portable breath test or chemical test offered under this chapter commits a Class C infraction. However, the person commits a Class A infraction if the person has at least one (1) previous conviction for operating while intoxicated. (b) In addition to any other penalty imposed, the court shall suspend the person's driving privileges: (1) for one (1) year; or (2) if the person has at least one (1) previous conviction for operating while intoxicated, for two (2) years. (c) During the three (3) years following the termination of the suspension, the person's driving privileges remain suspended until the person provides proof of future financial responsibility in force under IC 9-25 . [Pre-1991 Recodification Citation: 9-4-1-39.1(f).]

Official sources

Legal terms used in this section

Questions this section answers

Is refusal to submit; penalties; suspension; proof of future financial responsibility a felony or a misdemeanor in Indiana?

It depends on the circumstances: refusal to submit; penalties; suspension; proof of future financial responsibility ranges from a Class C Infraction to a Class A Infraction in Indiana under Ind. Code § 9-30-7-5.

Refusal to submit to portable breath test or chemical test — no prior conviction: Class C Infraction (Ind. Code § 9-30-7-5(a)) · Refusal to submit to portable breath test or chemical test — with prior conviction: Class A Infraction (Ind. Code § 9-30-7-5(a))

Which Indiana statute covers refusal to submit; penalties; suspension; proof of future financial responsibility?

Refusal to submit; penalties; suspension; proof of future financial responsibility is governed by Ind. Code § 9-30-7-5 (Refusal to submit; penalties; suspension; proof of future financial responsibility).

This reference is informational and is not legal advice.