At the Russell Law Firm, LLC, our Baton Rouge DWI defense attorneys know the stress and anxiety of an arrest for driving while intoxicated in Louisiana. The consequences of a DWI conviction loom large over our clients’ heads and are often compounded by more than a criminal conviction but significant personal and professional consequences.

Because most drivers know this is true, they may consider refusing a breathalyzer as an alternative. Unfortunately, there are also significant penalties for refusing a breathalyzer test in Louisiana.

Breathalyzer Test in Louisiana

What are the Consequences for Refusing a Breathalyzer Test in Louisiana?

In Louisiana, implied consent laws require drivers to submit to chemical tests like a breathalyzer, blood, or urine test if they are suspected of driving under the influence or while intoxicated.

These laws are designed to help law enforcement officers determine a driver’s blood alcohol concentration (BAC) to assess whether they are impaired by alcohol or drugs.

If you refuse to take a breathalyzer test in Louisiana, there are consequences, which can vary depending on whether you have previous DUI/DWI convictions and the circumstances of your refusal.

They may include:

  • Driver’s license suspension for up to a year for the first refusal and up to two years for the second and subsequent refusals within ten years.
  • Up to $1,000 in fines and up to six months of jail time if the drunk driving has caused two prior breathalyzer refusals and/or serious bodily injury/death.

If the drunk driving incident did not result in significant injury or death of another driver, the driver can request a hardship license only after installing an ignition interlock device (IID), which serves as a built-in breathalyzer test that does not allow the driver to start their car unless they breathe into the device and receive a sober BAC result.

Refusing a chemical test can be used against you in a DUI/DWI case, and it may lead to enhanced penalties if you are subsequently convicted.

The Russell Law Firm, LLC is in Your Corner, and We Fight to Win

If you have been arrested for DWI in Louisiana for refusing a breathalyzer, contact our dedicated Baton Rouge DWI defense attorneys today at (225) 307-0088 or online to get the legal support you need to produce real results for your unique case.

Information furnished herein is only general and not a substitute for personalized legal advice. Any and all discussions and photographs visible herein depict no actual event or scene but merely a dramatization.

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