All year long, the state of Louisiana is home to big parties and festivities. Whether you live in Louisiana year-round or travel there occasionally for pleasure, it’s easy to get caught up in the fun. Unfortunately for some, having too much fun can mean making poor decisions when it comes to drinking and driving.
In Louisiana, it’s unlawful to drive a motor vehicle under the influence of alcohol. If you’re caught driving under the influence, you could face hefty penalties, including fines, the loss of your license, and the risk of time in jail. To be convicted of a DUI, authorities must be able to prove that you’re impaired or driving with a blood alcohol content (BAC) greater than .08. In order to prove your BAC, however, they must administer a blood or breathalyzer test.
The Meaning of Implied Consent in Louisiana
A common question regarding DUIs and blood tests/breathalyzer tests is whether or not you’re able to refuse them once you’ve been pulled over. The simple answer to that question is yes, you do have the right to refuse a breathalyzer or blood test. That right, however, comes with serious consequences.
The state of Louisiana is an implied consent state. Implied consent, as outlined by the law, states…
“Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood…”
Furthermore,
“That refusal to submit to a chemical test after an arrest for an offense of driving while intoxicated if he has refused to submit to such a test on two previous and separate occasions of any previous such violation is a crime under the provisions of R.S. 14:98.2 and the penalties for such crime are the same as the penalties for first conviction of driving while intoxicated.”
In short, if you’re driving in Louisiana, you’ve already given consent to authorities to test your BAC via a blood test or breathalyzer, and if you refuse, your license will be suspended.
The DUI Arrest Process in Louisiana
Understanding the DUI arrest process in Louisiana is crucial for anyone who finds themselves or a loved one facing charges for driving under the influence. This process involves several steps, from the initial stop by law enforcement to booking and potential release.
The following is a breakdown of what you can expect:
The Traffic Stop
The DUI process typically begins with a traffic stop. Law enforcement officers may pull a driver over for various reasons, including observed traffic violations, erratic driving behavior, or at DUI checkpoints. The officer at the scene observes the motorist for indications of intoxication, such as the smell of alcohol, slurred speech, or visible open containers of alcohol in the vehicle.
Field Sobriety and Breathalyzer Tests
If the officer suspects alcohol or drug impairment, they may conduct field sobriety tests to assess the motorist’s physical and cognitive functions. These may include the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand test. Additionally, the officer may request a preliminary breath test at the scene to measure the driver’s blood alcohol content (BAC).
Arrest and Transport
If the arresting officer determines there is probable cause for a DUI charge based on the field sobriety tests, breathalyzer results, or other evidence, the motorist will be arrested and transported to the police station or jail. The formal breathalyzer test is typically conducted at the station, providing a more accurate BAC reading.
Booking
Upon arrival at the police station or jail, the driver undergoes the booking process. This involves recording the driver’s personal information, the alleged offense, and taking fingerprints and photographs. The driver may also be searched, and personal belongings will be cataloged and stored.
Bail and Release
Depending on the specifics of the case, the driver may be held until sober or released on bail. Bail is a set amount of money that acts as a type of insurance between the court and the individual arrested. For a first-time DUI offense, bail may be set at a predetermined amount, allowing for a quicker release process. In some cases, the motorist may be released on their own recognizance, promising to return for court proceedings.
Criminal Charges and Court Appearances
The driver will face criminal charges for DUI, necessitating court appearances. The first court appearance, or arraignment, involves formally reading the charges and entering a plea. It’s crucial to have legal representation during these proceedings to navigate the complexities of DUI law and potentially mitigate the consequences.
Save Your License After Blood Test Refusal
If you’ve refused a blood test or breathalyzer test following a DUI arrest, there’s still a chance for you to save your license. What you need to do is request an administrative hearing through the DMV within the first 15 days following your arrest.
If you do, you’ll be able to make a case for your innocence and attempt to reduce the amount of time your license is suspended. If you don’t request a hearing within the first 15 days, you’re automatically subject to a license suspension of at least 90 days.
Reach Out to Aggressive DUI Attorneys Today
You must understand that if you refuse to submit to a DUI blood test or breathalyzer in the state of Louisiana, you have little to no chance of saving your license if you fail to hire an attorney. At John D. & Eric G. Johnson Law Firm, we are aggressive and experienced DUI attorneys who have more than 25 years of criminal defense experience in the state of Louisiana. Certified by the Louisiana State Bar Association and members of the National Association of Criminal Defense Lawyers, we are well-informed on all the best practices for DUI defense and will work tirelessly to win your case and reduce your sentence.
To have all of your DUI questions answered, call our office at (318) 377-1555 or fill out our contact form today. With a free consultation, we will be able to determine if we’re the right attorneys for your case. We look forward to talking with you soon!
