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).]
As added by P.L.2-1991, SEC.18. Amended by P.L.275-2001, SEC.4; P.L.94-2006, SEC.9; P.L.85-2013, SEC.98.
Structure Indiana Code
Article 30. General Penalty Provisions
Chapter 7. Implied Consent in Accidents Involving Serious Injury or Death
9-30-7-0.5. Inapplicability to Operator of Personal Assistive Mobility Device
9-30-7-2. Implied Consent to Portable Breath Test or Chemical Test
9-30-7-3. Offer of Test; Administration of Test
9-30-7-4. Breath Analysis; Blood, Urine, or Other Bodily Substance; Testing Requirements
9-30-7-5. Refusal to Submit; Penalties; Suspension; Proof of Future Financial Responsibility