Indiana criminal charge
Refusal to submit; penalties; suspension; proof of future financial responsibility in Indiana
Refusal to submit; penalties; suspension; proof of future financial responsibility is a criminal offense under Indiana law, defined by Ind. Code § 9-30-7-5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 9-30-7-5.
What is the penalty for refusal to submit; penalties; suspension; proof of future financial responsibility in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Refusal to submit to portable breath test or chemical test — no prior conviction — A person refuses to submit to a portable breath test or chemical test offered under this chapter and does not have a previous conviction for operating while intoxicated.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount) | discretionary | Ind. Code § 34-28-5-4 |
| Fine | up to $10,000 (Refusal to submit to portable breath test or chemical test — with prior conviction — A person refuses to submit to a portable breath test or chemical test and has at least one previous conviction for operating while intoxicated.; civil judgment, not a criminal conviction (IC 34-28-5); no jail) | discretionary | Ind. Code § 34-28-5-4 |
Applies to current.
How is refusal to submit; penalties; suspension; proof of future financial responsibility classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Refusal to submit to portable breath test or chemical test — no prior conviction | Class C Infraction | A person refuses to submit to a portable breath test or chemical test offered under this chapter and does not have a previous conviction for operating while intoxicated. | Ind. Code § 9-30-7-5(a) |
| Refusal to submit to portable breath test or chemical test — with prior conviction | Class A Infraction | A person refuses to submit to a portable breath test or chemical test and has at least one previous conviction for operating while intoxicated. | Ind. Code § 9-30-7-5(a) |
Common questions about refusal to submit; penalties; suspension; proof of future financial responsibility in Indiana
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))
What are the penalties for refusal to submit; penalties; suspension; proof of future financial responsibility in Indiana?
Penalties for refusal to submit; penalties; suspension; proof of future financial responsibility in Indiana depend on how it is classified — from a Class C Infraction up to a Class A Infraction — with the ranges set by Ind. Code § 34-28-5-4; the full table of ranges by variant is published on this page.
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).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.