What Happens If You Refuse a Breathalyzer Test in Louisiana?

“What happens if you refuse a breathalyzer test in Louisiana?” is a question you may have when pulled over. Some people think these tests are optional, but you are technically agreeing to them when you drive on local roads. Refusing these tests can result in greater future penalties.

Experienced DWI Attorneys in Louisiana

Due to our experience with DWIs, we understand how much a conviction can harm your life. At The DWI Defense Center LLC, we have focused on DWI law for over 20 years. We can explain your options after refusing a breathalyzer test.

What Is Implied Consent?

In Louisiana, as well as many other states, there is a concept called implied consent. This is the idea that anyone who chooses to drive is consenting to a breathalyzer test if a law enforcement officer deems it necessary.

These laws are important to hold people accountable if they are driving with an illegal blood alcohol concentration (BAC). In 2024, Louisiana saw 2,365 crashes with suspected injuries related to alcohol. There were 196 crashes with fatalities.

There are also penalties for taking a test and failing. The exact BAC dictates the charge. If you’re under the legal drinking age, anything 0.02% or above counts as a DWI. That number increases to 0.08% if you’re 21 years old or older.

The Penalties of Refusing a Breathalyzer Test

If someone does not allow an officer to conduct a breathalyzer test, there are penalties that are separate from DWI charges, including:

• Removing your driving privileges. Upon refusal, your driver’s license will be taken. The amount of time varies from one to two years, depending on whether you’ve refused before.
• Jail. There is a defined length of jail time for breathalyzer test refusals. The time can vary from 10 days to six months.
• Fines. The fines for refusing a breathalyzer test are similar to first-time DWI charges. They range from $300-$1,000.
• Community service. In some instances, jail time can be substituted for community service. This depends on the context of the charges.
• Educational programs. Some sentences allow you to complete things like a driver’s education or substance abuse program to avoid a complete jail sentence.

In some circumstances, you are not allowed to refuse a breathalyzer test. This applies if there was an accident that resulted in the injury or death of someone else. Someone can only refuse on two separate occasions before it’s required on the third.

Why Hire a DWI Lawyer?

A DWI lawyer can explain your rights to consent to a breathalyzer test in greater detail. If you have charges related to a breathalyzer test refusal, we can work to reduce these charges. Instead of refusing testing outright, consider consulting with an attorney first.

Why Choose Us?

At The DWI Defense Center LLC, we have a reputation for being effective DWI attorneys. This is because DWIs are the only cases we work on. Our expansive knowledge within the DWI space allows us to come up with solutions that work for our clients.

Improve Your Future

In Louisiana, the fatality rate for alcohol-related crashes is 6.99 per 100,000 licensed drivers. These cases are treated seriously by the state, so you should do the same thing. Schedule a consultation with The DWI Defense Center LLC for more information.