Damico & Stockstill, Attorneys at Law

Consequences for refusing to take a breath test

When individuals in Louisiana and elsewhere get pulled over, they often want the stop to be over with. Many hope to get off with jut a warning; however, others are faced with a more serious fate. While this could look like a traffic ticket, if an officer suspects that a motorist is under the influence, it could also mean facing a drunk driving charge.

In order to establish whether or not these suspicions are correct, law enforcement officers will initiate a field sobriety test. This typically includes various tests that help the officer establish whether or not the motorist in question is under the influence of alcohol. These results of these tests could give rise to an officer requesting the motorist to submit to a breathalyzer test.

When a motorist suspected of drunk driving is asked to take a breath test, he or she could refuse to take the test. While they have the ability to say no, refusing to take a breath test could result in serious consequences. This is true even if the accused driver does not get formally charged or convicted with a DUI.

Refusing to take a breath test after an officer stops you and asks you to submit to a breath test because he or she believes you are intoxicated could carry with it serious penalties. This could come in the form of license suspension and even jail time. Refusing to take a breath test could also serve as evidence by the prosecution when seeking to convict a driver of a DUI. Thus, it is important to consider defense options when faced with such a situation.

The penalties associated with a drunk driving charge can be serious. This is especially true if one has faced multiple charges or the matter involves aggravating factors. Initiating a defense is a motorists best chance at clearing his or her name or reducing the consequences they might endure.

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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