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Should you refuse a breath test?

On Behalf of | May 13, 2022 | Uncategorized |

A police officer cannot force you to take a breath test in Louisiana. However, there are specific penalties you might face for refusing. Also, according to the Louisiana state legislature, if you previously refused breath tests on two separate occasions or if a previous intoxicated crash resulted in serious injuries or a fatality.

If you want to learn more about your rights when pulled over on suspicion of a DWI, continue reading this article. Ignorance of the law does not help or excuse you from consequences.

Penalties for refusal

Louisiana, like every state, has an implied consent law. This means that refusal to submit to testing when an officer has probable cause results in a penalty. Depending on your situation, refusing might be worse than taking the test. For instance, first offense refusals usually result in an automatic license suspension.

Always maintain good conduct

However, if you believe you will fail the test anyway, there might be a lesser penalty if you refuse to take the test. There is no one answer for proceeding during a DWI arrest, and each case is different. Whether you refuse to take the test or not, remain calm and do not argue or cause issues with the arresting officer. Keep your speaking to a minimum and be polite. A good DWI attorney will dispute the legitimacy and conduct of the arresting officer for you.

No one can predict the exact outcome of a DWI arrest. Cooperating with the arresting officer and understanding your rights gives you the best chance of a reduced penalty.

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