Louisiana has what we call "implied consent laws”, which require you to take a chemical test by way of blood, breath, or urine to determine your blood alcohol content. Implied consent laws say that by just driving on the road, you are agreeing to take a chemical test to assess your blood alcohol content. If you refuse to take a chemical test in Louisiana, your license will automatically be suspended for one year. However, there are several ways that the automatic license suspension can be avoided. If an administrative hearing is requested within fifteen (15) days of your arrest, the suspension is delayed until the hearing, and the suspension can be lifted if you can prove at the administrative hearing that the officer did not have probable cause for the traffic stop. You can also obtain a hardship license in certain instances, which will allow you to drive but require an interlock device be installed in your car during the suspension period. It is important to have an attorney represent you at every state of the proceedings, including immediately after your arrest.
The Consequences of Refusing a Breathalyzer in Louisiana
by Linda Louise Stadler on Jun. 27, 2018
Summary
Louisiana has what we call "implied consent laws”, which require you to take a chemical test by way of blood, breath, or urine to determine your blood alcohol content.