Refusing a Breathalyzer in Louisiana

What is Louisiana's implied consent law?

Louisiana's implied consent law says that anyone who drives in the state is considered to have agreed to a chemical test of breath, blood or urine if arrested for DWI. You can still say no, but saying no has consequences of its own. Those consequences mainly hit your driver's license.

Implied consent applies to the test requested after a lawful DWI arrest. It is separate from roadside field sobriety exercises, like walking a line or following a pen with your eyes. Those come before the arrest decision and work differently.

How long is your license suspended if you refuse?

A first refusal brings a 1-year license suspension. A second or later refusal within 10 years brings a 2-year suspension. These are administrative suspensions under La. R.S. 32:667, which means they come from the arrest itself, not from a conviction.

Compare that with taking the test and failing at a BAC between 0.08% and 0.149%, which brings a 180-day suspension on a first offense. A result of 0.15% or higher brings 2 years. So a refusal is longer than a low failed test, but shorter than a high one. Our license suspension guide has the full table.

Is refusing a breath test a crime in Louisiana?

Usually not. Refusing a chemical test becomes a separate crime only after two prior separate refusals, meaning on a third refusal. That crime carries a $300 to $1,000 fine and 10 days to 6 months in jail under La. R.S. 14:98.7.

For a first or second refusal, the main penalty is the license suspension and the interlock requirement. But that does not mean you are out of the woods on the DWI charge itself.

Counting refusals matters. The 10-year window for a second refusal and the "two prior separate refusals" rule for the crime depend on dates and records from earlier arrests, sometimes in other parishes. A lawyer should pull your driving record and check each prior before you accept that a refusal counts as a second or third. A mistake in that count can change both the length of the suspension and whether you face an extra criminal charge.

Can you still be charged with DWI if you refused?

Yes. A refusal does not stop a DWI charge. Louisiana's DWI law can be violated by being impaired, not only by having a BAC of 0.08% or more. Without a number, the state usually tries to prove impairment through the officer's observations, the reason for the stop, field sobriety exercises, statements you made and any video.

A refusal can also change how the case is handled. Without a breath number, the prosecutor's case leans more heavily on what the officer says he saw and heard, and on any body camera or dash camera footage. That puts the focus on details: how you were driving, how you spoke, how you stood and how you did on each roadside exercise.

That kind of evidence can often be challenged. Was the stop legal? Were the field exercises given correctly, on level ground, with clear instructions? Does the video match the report? As a former Orleans Parish prosecutor, Barry Ranshi knows how these cases are put together and where they tend to be weak. Learn more on our DWI defense page.

How is the license case different from the criminal case?

A refusal sets off two separate cases, and each one runs on its own track. The license case is handled by the Office of Motor Vehicles. It starts with the arrest, and the 1-year suspension follows unless you challenge it. The criminal case is handled by the prosecutor and the court, and it is about whether you committed DWI.

The two cases have different deadlines and different results. You can keep your license and still face a DWI charge, or lose your license and later see the DWI charge reduced or dismissed. The license case also does not wait for the criminal case to finish.

Because the two cases affect each other, it helps to have one lawyer watching both. Something learned in the license case, such as the officer's stated reason for the stop, can matter in court. A plea in the criminal case can also change what happens to your driving record.

Can you get a hardship license after a refusal?

In most cases, yes. On a first or second suspension for a refusal, you are immediately eligible for a restricted license once an ignition interlock is installed. Older websites mention a 30-day wait. Under the current law, eligibility is immediate with an interlock.

There is one major exception. If you refused and the crash caused a death or serious bodily injury, with impairment as a contributing factor, no hardship license is available.

Also note that a refusal triggers the interlock requirement for getting your full license back. The interlock must stay on for at least 6 months, or for the length of the suspension, with credit for time driven on a restricted license with an interlock.

Should you refuse a breathalyzer in Louisiana?

There is no one right answer, and this page is not advice for your situation. The choice involves trade-offs:

• Refusing means a longer suspension than a low failed test (1 year vs. 180 days on a first offense), a required interlock for reinstatement, and a possible crime on a third refusal. It also means the state may have no BAC number.
• Testing gives the state a number. A result of 0.08% or more is enough to charge DWI, and a result of 0.15% or more raises both the criminal penalties and the suspension to 2 years.

If you already refused, the decision is behind you. What matters now is the 30-day deadline and the defense of the charge. Call (504) 905-8399 for a free, confidential consultation, 24/7.

How does a refusal affect commercial drivers?

For a CDL holder, a refusal is treated as a "major offense" under federal rules. A first major offense disqualifies your commercial license for 1 year, or 3 years if you were hauling hazardous materials. A second major offense can mean a lifetime disqualification, with possible reinstatement after 10 years. This applies even if you were driving your personal vehicle.

Federal rules also stop states from diverting or hiding a CDL holder's traffic convictions, so options that help other drivers may not protect a CDL.

What should you do right after a refusal arrest?

Act quickly on three things:

1. Protect the 30-day window. Your temporary license lasts up to 30 days from the arrest, and the written hearing request must go in within those 30 days.
2. Write down what happened. Note where you were stopped, what the officer said, what tests you were asked to do and who was with you.
3. Talk to a DWI lawyer. A lawyer can request the hearing, look for video and review whether the stop and arrest were lawful.

Call The Barry S. Ranshi Law Firm at (504) 905-8399. We serve Kenner, Metairie, New Orleans and the surrounding parishes, including clients arrested in Kenner and New Orleans.