What happens if I refuse to take a drug test in Louisiana?
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What happens if I refuse to take a drug test in Louisiana?

On Behalf of | Dec 23, 2019 | Criminal Law, DWI

Driving under the influence in Louisiana is a crime that can harm you in more ways than just losing your license and paying a fine. Depending on your circumstances and the number of previous charges, you can receive a jail term extending to five years. Apart from that, it will take up to 10 years before you can get the indictment off your record, thereby affecting your daily life. It may hinder your chances of gaining employment in the commercial driving industry since the state of Louisiana only allows drivers with clean driving records. It may as well affect your insurance as the insurance companies track your driving record when assessing your level of risk.

So, how do the traffic officials tell if you are driving while under the influence?

According to driving laws published by Nolo, the state of Louisiana follows an implied consent law. All the motorists driving on a Louisiana highway freely agree to the testing of their breath, blood, or urine. However, before you can take any examination, the traffic official needs to have probable cause to believe you are driving while intoxicated before they can stop your vehicle. Refusing to submit to a test lawfully will warrant a suspension of your license for one year. You can, however, request to get a restricted license and have an ignition interlock device put in place during the suspension period only if your actions did not result in the injury or death of anyone.

If you end up causing harm to anyone on the road, you may face criminal charges and end up paying a hefty fine as well as spending time in jail. Moreover, the prosecutor can use your refusal for testing against you in court by arguing that you intended to hide that you were driving while intoxicated.

This information is only for educative purposes. It is not legal advice.

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