You were pulled. You are scared and on the side of the road. Squint at the flashing blue and red lights a few feet away from your face. The cop is scary. He asks you some questions. You are having fun You are fine Now you regret not using the turn signals to change lanes. Why bother when there was no one around? He was asked if you had something to drink. You certainly told the truth and didn't mean to say rum and soda. So you lied. But you didn't answer "no" because you wanted to be believed. Instead, you said "two beers". You have been given some tests to do. I think you're okay, but I couldn't calmly "ace them". The cop asks you for another test. If you go through it, you can get rid of it. He asks you to blow into the tube. will you? What happens if I refuse?
Simply put, driving privileges in Louisiana are likely to be suspended due to refusal to take a breath test, regardless of whether or not the obstacle seems too great to drive. Louisiana is an implicit consent state. This means that if you suspect you're drunk driving, you've already agreed to have a breathing, blood, or urine test. You probably didn't realize this fact when you went to get your driver's license.
Unfortunately, consent to these forms of testing is a condition for obtaining a driver's license in Louisiana DWI
. Over the years, penalties for refusing breath, blood, and urine tests have increased dramatically. If it is his first refusal, the person will be suspended from his license for a year. If the driver refuses to have a blood, breath, or urine test a second time, the penalty will be doubled and the license will be suspended for two years. Nevertheless, in many cases, individuals who have suspended their license due to refusing a breath test are restricted by proving that they have an interlock device and appropriate insurance coverage (SR-22).
You can get a license with it. The Automobile Authority has a convenient link to an authorized installer of the interlock machine and the insurance agent knows how to handle the SR-22 Declaration. Rejecting a breath test is a calculated choice. It is wise to do this, as submissions often result in presumed drunk driving guilt and the license is suspended anyway.
But be aware that if you refuse, there are also consequences. Obviously, the best advice is to take a taxi or have a designated driver. enjoy. But take responsibility.
Suspension of drunk driving is permitted in some states as long as police officers follow certain legal guidelines. These suspensions must be implemented so as not to violate Article 4 of the US Constitutional Amendment. Twelve states have no legislation that provides guidelines for stopping drunk driving, or these states have legally outlawed drunk checkpoints. Find out how your state handles drunk driving outages.
Police must comply with federal and state law if they hold a drinking checkpoint. Article 4 of the US Constitutional Amendment prohibits unjustified searches and seizures, which can affect how drinking checkpoints are handled. Evidence collected by police officers can be used against you to assist in the arrest of drunk driving. The prosecution can also use the evidence to convict drunk driving. If a police officer violates any part of the search or seizure, he infringes your rights. Your attorney can legally suppress this evidence or petition to dismiss your proceedings.