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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.

Other Louisiana Drunk Driving Defense FAQs

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Q: What Are The Penalties For Dwi?
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