What to Do When Asked to Take a Breathalyzer Test
What to Do When Asked to Take a Breathalyzer Test?
Getting pulled over by a police officer while driving is not exactly a pleasant situation to be in. There’s always that fear of what you may have done that would push an officer to pull you over. At that moment, it can be difficult to remember what your rights may be, especially if the officer has asked you to take a breathalyzer test.
When that happens, it’s crucial to know what you need to do so you don’t put yourself in a precarious situation. Here’s what you need to know about dealing with such a scenario.
Why Do Police Officers Pull Over Motorists?
According to Louisiana state law, the operation of any vehicle while under the influence of drugs or alcohol is strictly prohibited. In court, to prove that a person is driving under the influence of any substance, prosecutors often rely on the results of several tests, including blood, urine, or breath tests.
If in other states you are allowed to legally refuse these tests while driving, the same can’t be said in Louisiana due to what’s called ‘implied consent.’
Understanding DUI and DWI Repercussions in Louisiana
Considering how serious a DUI or DWI charge can be? Christopher Stahl can represent you as one of the best criminal defense attorneys in Shreveport, Louisiana.
Understanding DUI and DWI Repercussions in Louisiana
Considering how serious a DUI or DWI charge can be? Christopher Stahl can represent you as one of the best criminal defense attorneys in Shreveport, Louisiana.
Implied Consent
If you see the flashing lights of a police car in your rearview mirror, that just means that the police officer may have noticed something irregular in your driving. They will then come over to your vehicle and ask you a few questions. To require a breathalyzer test, an officer must have probable cause already to believe that you’re driving under the influence.
Louisiana’s “implied consent” law states that any person who operates a vehicle on a Louisiana highway is deemed to have already given consent to a breath, blood, or urine test.
So by that point, you already have no other choice but to take the test and prove there and then that you are sober and not under the influence of any substance.
Consequences of Unlawful Refusal
Implied consent requires you to take a breathalyzer test when a police officer asks you to. Unlawfully refusing the test can lead to license-related administrative and possible criminal consequences, including:
License Suspension – Drivers who refuse to undergo any of the three tests (blood, urine, breath) face a one-year license suspension. A second or subsequent test refusal within ten years will result in a two-year license suspension.
Restricted License – Now, if your driving didn’t result in any injuries or death, it’s possible to request your license to be restricted only. However, this requires the installation of an ignition interlock device (IID). This license authorizes the holder to drive during the suspension period with the IID.
Evidentiary Uses – The fact that you refused a breathalyzer test can also be used against you in your trial. The prosecutor can use that event to argue to the jury that you intended to hide your intoxication due to your refusal.
Criminal Charges – Refusing once gives you a relatively light punishment, but doing it with two prior refusals under your belt can lead to you facing criminal charges. The same can happen if your DUI results in a fatality or serious bodily injury to other people. If you’re convicted of the charges, you’ll be facing a $300-$1000 fine or up to six months in jail.
If you have a question about refusing a breathalyzer test, contact The Law Office of Christopher M. Stahl today.
Conclusion
All in all, refusing a breathalyzer test in the state of Louisiana will do you no good. It’s better to just accept the test and face the consequences rather than arguing with the police officer. Better yet, don’t ever drive while you’re under the influence of alcohol or any other substance.
If you’re ever involved in a DUI, The Law Office of Christopher M. Stahl is here to help. Christopher Stahl is a Bossier City attorney that can provide legal help concerning family law, criminal defense, expungements, wills and successions, personal injury, and civil disputes. If you want to request a consultation, contact Christopher at 318-746-5610 or through his website.
Related Posts
What is the DWI Cleansing Period Louisiana?
When facing a DWI (Driving While Intoxicated) charge in Louisiana, it’s essential to understand the “cleansing period.” Our law office can help protect you.
Where Can I Work If I Have a DUI in Louisiana?
Are you struggling to find employment in Louisiana due to a DUI conviction? Learn how to overcome the challenges of a DUI conviction and find employment.
Archives
- June 2023
- March 2023
- January 2023
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- May 2021
- April 2021
- March 2021
- January 2021
- December 2020
- November 2020
- October 2020
- June 2020
- May 2020
- April 2020
- March 2020