Testing After a Serious Crash
IC 9-30-7-3 — a test for every driver in a crash with serious injury, and a blood test after a death
An officer offers a portable breath test or chemical test to anyone the officer has reason to believe drove a vehicle in an accident involving serious bodily injury, and a chemical test including a blood test to anyone believed to have driven in a fatal accident. Every chemical test is given within three hours of the accident.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
A chemical test follows where the portable test shows alcohol, where it shows none but the officer has probable cause of a drug, or where the person refuses the portable test. Driving in Indiana is consent to these tests, and a driver takes each one offered.
| Refusing a test after the crash | Infraction | Court ordered suspension |
|---|---|---|
| Refusing a test after the crashNo previous conviction for operating while intoxicated | InfractionClass C | Court ordered suspensionOne year |
| Refusing a test after the crashAt least one previous conviction | InfractionClass A | Court ordered suspensionTwo years |
For three years after that suspension ends, driving privileges stay suspended until proof of future financial responsibility is filed.
Sources for this section (3)
- IC 9-30-7-2 — Implied consent to portable breath test or chemical test
- IC 9-30-7-3 — Offer of test; administration of test
- IC 9-30-7-5 — Refusal to submit; penalties; suspension; proof of future financial responsibility
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.