Due to nationwide implied consent laws, drivers who are stopped for DWI face a difficult decision. They can either proceed with the blood or breathalyzer test the officer wishes to conduct—sometimes referred to as a breath test or providing a breath sample—or they can refuse the test to avoid providing incriminating evidence, which are used to determine the alcoholic content in your system. Unfortunately, choosing the latter option can also lead to negative consequences.
It is best to speak with an attorney to receive formal legal guidance regarding this matter. If you want to protect your rights, you can reach out to an attorney from John D. & Eric G. Johnson Law Firm. We can assist you throughout your entire case, evaluating evidence, building a strong case, and speaking on your behalf, among countless other tasks. Please reach out to us at your earliest convenience to retain our support.
- Understanding Implied Consent and DUI Arrests
- Types of Alcohol Tests in Louisiana
- Consequences for Refusing a Blood Alcohol Content Test in Louisiana
- What if I Lose My Louisiana Driver’s License?
- Seeking Help from a Louisiana DUI Attorney
- Protecting Your Rights and License
- Facing DUI/DWI Charges in Louisiana? An Attorney From John D.& Eric G. John Law Firm Can Help
Introduction to Drunk Driving Laws
Drunk driving laws in Louisiana are designed to safeguard public safety by deterring individuals from operating a motor vehicle while under the influence of alcohol or drugs. These laws are strictly enforced through a combination of traffic stops, field sobriety tests, and chemical testing, such as breathalyzer tests and blood tests. If law enforcement officers have reasonable grounds to suspect you are driving under the influence, they may request that you submit to such testing to determine your blood alcohol content.
Louisiana’s implied consent laws mean that by driving on public roads, you have already agreed to submit to chemical tests—including breath, blood, or urine tests—if you are suspected of drunk driving. Refusing to comply with these tests can lead to serious consequences, such as license suspension for up to a year, potential jail time, and other penalties. These measures are in place to discourage impaired driving and protect everyone on the road. Understanding the requirements and consequences of these laws is essential for any driver in Louisiana, as a DUI arrest can have a lasting impact on your driving privileges and your future.
Understanding Implied Consent and DUI Arrests
In Louisiana, implied consent is a crucial aspect of DUI laws. By driving a motor vehicle on public highways, any person has given their consent to a chemical test of their blood, breath, urine, or other bodily substance to determine your blood alcohol content (BAC) (also known as blood alcohol concentration).
So, if you are pulled over by law enforcement officers and suspected of drunk driving, you are required to submit to a chemical test. If a person refuses to do so, it can result in serious consequences, including the suspension of your driver’s license and potential jail time.
It’s essential to understand that implied consent is not the same as actual consent. You have the right to refuse a chemical test, but doing so will trigger the consequences outlined in Louisiana’s implied consent law. If you are arrested for DUI, it’s crucial to seek the help of a qualified DUI attorney who can guide you through the process and protect your rights.
Types of Alcohol Tests in Louisiana
In Louisiana, there are several types of alcohol tests that law enforcement officers may use to determine your BAC. These include the following:
- Breath tests: This general category includes both preliminary and evidentiary tests used to measure your BAC.
- Breathalyzer test: This is a standard evidentiary test used to measure your BAC. It involves blowing into a device that measures the amount of alcohol in your breath.
- Preliminary breath test: This is a portable, roadside screening tool used by police to assess suspected intoxication. The preliminary breath test is typically administered during a traffic stop, but its results are often inadmissible in court due to reliability concerns.
- Blood test: This test involves drawing a blood sample to measure your BAC. It is typically used in cases where a breathalyzer test is not available or feasible.
- Field sobriety tests: These tests assess your physical and mental abilities, such as your ability to walk and turn, stand on one leg (one leg stand test), and follow instructions. Standard field sobriety tests also include the horizontal gaze nystagmus, which evaluates involuntary eye movement. While not as accurate as chemical tests, field sobriety tests can provide law enforcement officers with reasonable grounds to suspect that you are intoxicated.
It’s essential to understand that you have the right to refuse any of these tests, but doing so may result in consequences, including the suspension of your driver’s license.
Consequences for Refusing a Blood Alcohol Content Test in Louisiana
Suppose you are lawfully arrested by a police officer who has probable cause to suspect that you have been driving under the influence of alcohol or other substances that have impaired your faculties. In that case, the officer is required to conduct a chemical test to deduce your level of intoxication and determine the driver’s blood alcohol content. This typically follows roadside DWI/ DUI tests. While it may seem that providing potential DWI/DUI evidence is an invasion of your Fifth Amendment rights, the fact is you consented to be tested when you applied for your driver’s license.
Refusal to submit to BAC testing triggers an automatic license suspension unless you petition the Office of Motor Vehicles for a hearing within 15 days of your arrest. The length of time for which you can lose your license depends on whether or not it is your first time refusing to provide a breath, blood, or urine sample. If you have a previous such violation, the penalties for refusing a chemical test can be more severe. Law enforcement may also seek a search warrant to obtain a blood sample if you refuse testing.
Not long ago, Louisiana increased the administrative penalties for refusing to submit to DWI/DUI testing to reduce the state refusal rate. Louisiana has one of the highest BAC test refusal rates in the entire country; approximately 39% of drivers who are stopped for DWI/DUI refuse the test.
As of 2009, you can face a license suspension of one year for refusing a blood, breath, or urine test for the first time. Your second or subsequent refusal can lead to a license suspension of two years. Refusals on separate occasions can result in enhanced penalties or even criminal charges. There may be additional criminal penalties for a third refusal or for being involved in an accident that caused death or serious injury to another. You could face fines of up to $1,000 and spend up to six months in jail for a third refusal or injury DUI accident.
Refusing a chemical test can complicate your defense against a DUI charge. Being caught driving under the influence can result in both administrative and criminal consequences.
What if I Lose My Louisiana Driver’s License?
Your attorney may recommend against producing the sample that can lead to a DWI/DUI conviction. It may be easier to fight your license suspension than a DWI/DUI with evidence.
If you have refused to submit to a DWI/DUI test in Louisiana, you may still be able to drive so long as you apply for a hardship license. As a condition of obtaining a restricted or hardship license after a refusal or DUI, you may be required to install an ignition interlock device in your vehicle. This device acts as a breathalyzer and prevents your car from starting if it detects alcohol on your breath. You must have car insurance, which will be more difficult and costly to acquire after a DWI/DUI arrest; yet it may be possible to receive SR-22 insurance. This is only possible after a first DWI refusal and after a waiting period of three months.
In Louisiana, the legal limit for blood alcohol content is 0.08%, and exceeding this limit can result in severe penalties.
Navigating the Legal Process After a DUI Arrest
After a DUI arrest in Louisiana, it’s important to understand the legal process and take steps to protect your rights. Law enforcement officers may use a variety of evidence against you, including breathalyzer results, field sobriety test outcomes, and other evidence collected during the traffic stop. The results of these tests can play a significant role in court and may influence the severity of the consequences you face.
Seeking legal counsel as soon as possible is crucial. An experienced DUI attorney can help you review the evidence, explain your legal options, and guide you through each stage of the process. They can also represent you in court, negotiate with prosecutors, and work to reduce or dismiss the charges when possible. Many law firms offer a free consultation, allowing you to discuss your case and get professional advice without any initial financial commitment. Taking these steps can make a significant difference in the outcome of your case and help you navigate the complexities of Louisiana DUI law.
Seeking Help from a Louisiana DUI Attorney
If you have been arrested for DUI in Louisiana, it’s crucial to seek the help of a qualified DUI attorney. A DUI attorney can help you navigate the complex process of DUI laws and protect your rights. They can also help you understand the consequences of refusing a chemical test and advise you on the best course of action.
A DUI attorney can also help you challenge the results of a chemical test if necessary. For example, suppose you believe that the test was administered improperly or that the results were inaccurate. In that case, a DUI attorney can help you challenge the evidence, especially if police officers did not follow proper procedures when administering the test, and potentially have the charges against you reduced or dismissed.
Protecting Your Rights and License
If you have been arrested for DUI in Louisiana, it’s essential to take steps to protect your rights and license. Here are some tips:
- Refuse to answer any questions without the presence of a DUI attorney.
- Do not admit to drinking or using drugs.
- Do not agree to take a field sobriety test or chemical test without consulting with a DUI attorney.
- Be aware that at the police station, you may be asked to take a breathalyzer or other chemical test; refusing these tests at the police station can have serious legal consequences, including automatic license suspension.
- Request a blood test instead of a breathalyzer test, if possible.
- Do not drive until your license has been reinstated.
By following these tips and seeking the help of a qualified DUI attorney, you can protect your rights and license and potentially avoid the consequences of a DUI conviction.
Facing DUI/DWI Charges in Louisiana? An Attorney From John D. & Eric G. John Law Firm Can Help
If you are facing DUI or DWI charges in Louisiana, it is essential to have knowledgeable legal representation on your side. The attorneys at John D. & Eric G. John Law Firm have extensive experience handling DUI cases and are well-versed in Louisiana’s implied consent laws and the consequences of refusing a breathalyzer test. They understand the complexities of DUI law and can help you navigate the legal process, ensuring your rights are protected every step of the way.
By working with their team, you can gain a clear understanding of the potential penalties you face and develop a strong defense strategy tailored to your situation. The firm offers a free consultation to review your case, answer your questions, and help you determine the best course of action. Don’t face the serious consequences of a DUI conviction alone—contact John D. & Eric G. John Law Firm to get the support and guidance you need.
Facing DUI/DWI Charges in Louisiana? An Attorney From John D.& Eric G. John Law Firm Can Help
When facing DWI/ DUI, it’s important to work with an experienced DWI defense attorney in Louisiana. With over 25 years of experience defending criminal gun charges in the state of Louisiana, Eric Johnson of the John D.& Eric G. John Law Firm has the knowledge and skills necessary to get started on your case right away.
The sooner you work with one of our dedicated attorneys, the more we will be able to minimize the impact of a DWI on your record. Call 318-377-1555 or complete our contact form for a confidential consultation.