Everyone dreads the moment they see flashing red-and-blue lights in their rearview mirror. Most of the time, interacting with law enforcement on the road is a routine matter that might result in nothing more than a traffic ticket. However, suppose police suspect you’re driving under the influence (DUI) of drugs or alcohol. In that case, they have the right to request you to perform several sobriety tests, usually starting with field sobriety tests. Officers may also ask that you take a breathalyzer or blood alcohol test to measure your blood alcohol concentration (BAC).
These BAC tests may seem straightforward, but it’s important to understand that they are not always accurate. You have the right to refuse them, though doing so can lead to substantial consequences, such as losing your driver’s license. Anyone facing DUI charges in Louisiana should contact our team at John D. & Eric G. Johnson Law Firm to ensure the proper procedures were followed and the results of any BAC test are valid.
What Types of BAC Tests Are Used in Louisiana?
Louisiana law enforcement uses three main tests to measure blood alcohol content: breathalyzers, blood alcohol tests, and urine tests. Each test has its own procedures, advantages, and potential for inaccuracies.
Breathalyzer tests offer convenience, but their reliability is often questioned in court. Blood tests, on the other hand, are considered the gold standard for accuracy. However, they are not infallible. Urine tests, while available, are generally seen as the least reliable of the three.
Factors That May Result in a False Blood Alcohol Test Result
While blood alcohol tests are more accurate than breathalyzer tests, they are not foolproof. Several factors can lead to false results, including:
- Improper handling of the sample
- Contamination
- Medical conditions such as diabetes
If any of these factors are present in your case, your lawyer may challenge the validity of the test, potentially weakening the prosecution’s evidence against you. A skilled attorney can investigate the procedures used in your case and help ensure that your rights are protected.
The Legal Weight of Blood Alcohol Test Results in Louisiana
The results of a blood alcohol test carry significant weight in Louisiana DUI cases. The prosecution generally views these test results as reliable evidence and relies on them to secure a conviction. However, this does not mean that they are beyond question.
An experienced DUI defense attorney can scrutinize the validity of the test results by examining the procedures followed during the test, the calibration of the equipment used, and the qualifications of the personnel handling the sample. Your lawyer may get the evidence excluded from court in cases where the police violated your constitutional rights during the arrest or testing process.
What Are the Potential Penalties for Refusing a Blood Alcohol Test in Louisiana?
In Louisiana, you do have the option to refuse a blood alcohol test, but this decision has consequences due to the state’s implied consent laws. By obtaining a driver’s license in Louisiana, you consent to chemical tests if you are legally arrested for a DUI. Refusing these tests may lead to an immediate and automatic suspension of your driver’s license.
The length of the suspension depends on your prior record. A first offense can lead to a license suspension for up to one year. Subsequent refusals or previous DUI convictions can result in longer suspensions. Remember that refusal may be used against you in court as evidence of impairment, potentially complicating your defense.
Consult a Knowledgeable Louisiana Criminal Defense Lawyer After a DUI Arrest
Facing a DUI charge after being stopped by police and subjected to a breathalyzer or blood test can be overwhelming, especially when the results could immediately impact your future. It’s essential to understand that these tests can be flawed, and you may have received an inaccurate result. Consulting with an experienced DUI defense attorney can provide you with the answers you need to discover whether your blood alcohol test results may, in fact, be unreliable.
At John D. & Eric G. Johnson Law Firm, we prioritize defending your rights and working diligently to achieve the best possible outcome. Let us help protect your future after a DUI arrest. Contact us for a free consultation at (318) 377-1555 or complete our contact form.
