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, or they can refuse the test to avoid providing incriminating evidence. 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
In Louisiana, implied consent is a crucial aspect of DUI laws. By driving a motor vehicle on public highways, you have given your consent to a chemical test of your blood, breath, urine, or other bodily substance to determine your blood alcohol content (BAC).
So, if you are pulled over by law enforcement officers and suspected of drunk driving, you are required to submit to a chemical test. Refusing to do so 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:
- Breathalyzer test: This is a standard test used to measure your BAC. It involves blowing into a device that measures the amount of alcohol in your breath.
- 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, and follow instructions. 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. 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.
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. 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.
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. 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.
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 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.
- 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
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.