Traffic Stop 101: Indiana's Law on Detention for an Infraction and Refusal to Identify Self
Educational Purposes Only: This post provides general information about Indiana law. It is not legal advice. Laws change and how they apply depends on specific facts. Source links are to iga.in.govand published Indiana cases so you can read the law yourself.
This post gives a general overview of what the Indiana Code says regarding being detained and ordered to identify yourself during a traffic stop. It does not cover a specific case. It also does not cover every section of the relevant Indiana Code.
The law on this topic is found in Indiana Code Title 34, Article 28, Chapter 5 Section 3 and Section 3.5. You can read the current version on the official Indiana General Assembly site: IGA | 2026 Indiana Code.
What the statutes say:
IC 34-28-5-3 Detention; communications device information
If a law enforcement officer believes in good faith that an ordinance violation or infraction has occurred, they can detain the individual for a sufficient amount of time to inform the person what the violation was and obtain their driver’s license. If they do not have their driver’s license on them, they can obtain the individual’s name, date of birth, and address instead.
IC 34-28-5-3.5 Refusal to Identify Self
If a person intentionally or knowingly refuses to provide their driver’s license or name, date of birth, and address when stopped for an infraction or ordinance violation, they have committed a Class C misdemeanor.
IC 35-44.1-2-4 False identity statement
An individual who intentionally misleads a law enforcement officer in an official investigation or proceeding has committed a Class A misdemeanor.
Why are the statutes listed under Civil Law and Procedure?
Title 34 in the Indiana Code is Civil Law and Procedure. This can be confusing because the consequences are criminal. The initial incident, such as the infraction, is civil. Once someone refuses to identify self, it becomes a misdemeanor, which is criminal. It’s categorized by the nature of the original incident.
Summary - What does this mean?
When an infraction or ordinance violation has been committed, a law enforcement officer has the right to detain you. You are required to either present your driver’s license or provide your name, date of birth, and address. Refusing to do so is a Class C misdemeanor. Giving a false name, date of birth, or address intentionally in a five year period is a false identity statement which is a Class A misdemeanor.
Bringle v. State, 745 N.E.2d 821 (Ind. Ct. App. 2001) - Opinion available on Justia, FindLaw, and Casetext.
Bringle v. State discusses whether holding your driver’s license up to your window suffices as providing your driver’s license. This case distinguishes the difference between displaying your license and providing it. If you look back to IC 34-28-5-3.5, the exact term used is “provide”. The court ruled that to “provide” means to hand over for use, not simply display it through the window. 745 N.E.2d at 824. You can read the full legal opinion at BRINGLE v. STATE (2001) | FindLaw.
