Louisiana DUI Defense Attorney

What to do if Arrested for DUI

If placed under arrest after being stopped for suspicion of driving under the influence, the police officer is required to read your Miranda rights. These rights are constitutionally protected under Miranda v. Arizona 234 U.S. 436. This court case determined that:

• You have the right to remain silent
• Anything you say can be used against you in court
• You have the right to have an attorney represent you
• You have the right to have the court appoint an attorney if you can’t afford one

Additionally, your arresting officer is required to explain to you that your license will be suspended if one of two things occur: You refuse to take the DUI test, or you take the test and, your BAC is higher than .08%.

What are the Consequences of Refusal?

Refusing to take a DUI test is not helpful to your case when arrested. The penalties for refusing a test vary depending on your situation. If you weren’t involved in an accident that caused injuries, or if this is your first time refusing to submit to a chemical analysis, the consequences might not be as severe for not cooperating. If found guilty of DUI, jail, and fines could be handed down by the court.

Another consequence for refusing a DUI test in the state of Louisiana is the stripping away of your license. As you can see below, the length of the suspension times compounds for each refusal you make.

• First refusal: One-year suspension
• Second refusal and on: Two-year suspension and forced to take the test

It is important to note that if you have already refused two times, the court can opt to force you to take a DUI test, suspend your license, impose fines and court costs ranging from $300 to $1,000, and possibly sentence you to jail time. One might think that refusing the test will avoid a finding of guilt, but this can have the opposite outcome.