Should I Agree To Take The Breath Alcohol Test?
Too many factors are involved in making this decision to give one definitive answer to the question. Factors to be weighed in reaching this decision are as follows:
A. Your driver's license may be suspended for six months for a first refusal or 545 days for a second refusal within a five year period.
B. Your license may be suspended for 90 days for a first submittal and 365 days for a second submittal (with a result of .10 or more) within a five year period.
C. Louisiana has a "per se" statute which means if you submit to a breath alcohol test and the reading is .10 or more and the prosecution is able to get the test results into evidence at trial, this would be proof of one element of the DWI offense. (The State would not have to prove that you were "under the influence").
D. The DWI conviction, itself, carries with it the possibility of a driver's license suspension. For a first conviction the potential suspension is 90 days, for a second the potential suspension is 12 months and for a third or fourth DWI the potential suspension is 24 months.
E. Whether the arrestee will actually read over or under .10.
F. Whether the arrestee has any prior DWI convictions with 10 years.
B. Your license may be suspended for 90 days for a first submittal and 365 days for a second submittal (with a result of .10 or more) within a five year period.
C. Louisiana has a "per se" statute which means if you submit to a breath alcohol test and the reading is .10 or more and the prosecution is able to get the test results into evidence at trial, this would be proof of one element of the DWI offense. (The State would not have to prove that you were "under the influence").
D. The DWI conviction, itself, carries with it the possibility of a driver's license suspension. For a first conviction the potential suspension is 90 days, for a second the potential suspension is 12 months and for a third or fourth DWI the potential suspension is 24 months.
E. Whether the arrestee will actually read over or under .10.
F. Whether the arrestee has any prior DWI convictions with 10 years.
Other Louisiana Drunk Driving Defense FAQs
-
Q:
If Im Stopped By A Police Officer And He Starts Asking Me Questions, What Should I Do?
A: You have the right to remain silent. This right applies to all stages of a criminal proceeding, including the initial questions asked by a police officer. If the … More -
Q:
Do I Have To Take A Field Sobriety Test If A Police Officer Tells Me To?
A: No. You do not have to submit to any part of a field sobriety test if you choose not to. This means you do not have to do the follow the pen test, the alphabet test, … More -
Q:
How Will The Officer Decide Whether To Arrest Me For Dwi?
A: This varies greatly from officer to officer. Factors which the officer will consider include: A. Manner in which you were operating the motor vehicle B. Odor of … More -
Q:
When Do I Have The Right To Call A Lawyer?
A: You have the right to call a lawyer before you answer any questions. You do not have a right to call a lawyer before you decide whether to submit to a field sobriety … More -
Q:
What If The Officer Didnt Give Me The Miranda Warning, What Does This Mean?
A: A law enforcement officer is supposed to give the "Miranda warning" once he has "taken a person into custody." If the officer does not, then any … More -
Q:
What Is The First Thing I Should Do After I Am Arrested?
A: You should immediately consult with an attorney. The sooner you consult with an attorney, the sooner he can begin collecting evidence which is favorable to your case. … More -
Q:
Can I Defend Myself Against Dui Charges Or Do I Need A Lawyer?
A: You have an absolute right to represent yourself in legal matters if you choose to do so. However, if there is a lot at stake, it is usually a good idea to … More -
Q:
The Officer Took My Drivers License From Me; Can I Still Drive?
A: Yes ...if you had a valid driver's license at the time of the arrest. If you did have a valid driver's license at the time of your arrest, the officer should have … More -
Q:
What Is The Definition Of Dwi?
A: In Louisiana, it is a crime (LA. R.S. 14:98) to operate any motor vehicle, aircraft, watercraft, vessel or other means of conveyance: A. While under the influence … More -
Q:
What Are The Penalties For Dwi?
A: DWI First Offense (Misdemeanor) *Fine: $300$1,000 (plus court costs and other fees) *Jail: 10 days to 6 months (all can be suspended except as set forth below) … More
How To Prepare to Meet With Your Lawyer
Featured Louisiana DUI Law Firm
Call 866-292-1631
Free Consultation
Or click here to email us