Damico & Stockstill, Attorneys at Law

Am I legally required to take a Breathalyzer test?

If a Louisiana police officer pulls you over because he or she suspects that you are driving drunk, you will likely be required to take some tests designed to determine your level of intoxication. These tests can assess many different aspects, including your reflexes, balance and mental alertness, but one of the most common tests involves a Breathalyzer, a machine designed to determine the specific amount of alcohol in your blood.

Breathalyzers are often used because they provide a quantifiable number which specifically determines whether or not you are beyond the legal limit of intoxication. Because of this, some people who know that they are drunk, or who fear that they might be beyond the legal limit, might refuse to take a Breathalyzer test in an effort to avoid incriminating themselves. This is not advisable.

If you refuse to submit to a Breathalyzer test, you may not be arrested for intoxicated driving, but that does not mean you will avoid any legal penalties. In fact, you could have your license suspended or worse, and the truth is that other methods of intoxication confirmation may end up seeing you convicted of a DUI anyway. Additionally, implied consent laws effectively mean that by making use of your driving privileges, you are implicitly consenting to any tests administered to determine your level of intoxication. As a result, refusing such tests may result in a denial of driving privileges.

Even though you are not legally required to submit to a Breathalyzer test, it is in your best interests to do so, no matter the circumstances. Refusing to submit can be used against you in court, and you may end up incriminating yourself further by seeming as though you want to avoid something. Your best option, when asked to submit to a Breathalyzer test, is to do so. With the help of an attorney, you can defend yourself against DUI charges, even if the Breathalyzer indicates that you are beyond the legal limit.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map