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Disclaimer: This article talks about Louisiana’s breathalyzer laws in general and is not legal advice. Every DUI or DWI case is different and needs its own legal analysis. If you are being charged with a DUI or have questions about your case, you should talk to a licensed Louisiana DUI defense lawyer.
You are driving home after dinner with friends. Blue lights flash in your rearview mirror. The officer asks you to step out of the vehicle and blow into a small device: a breathalyzer. Your heart races. Your mind spins.
Can I refuse this test? Should I refuse it?
These questions race through thousands of Louisiana drivers’ minds every year. The answer is not simple, and the consequences of your decision could impact your license, your job, and your freedom.
A breathalyzer is a device that estimates your blood alcohol concentration (BAC) by analyzing a sample of your breath.
Law enforcement officers use these portable machines during traffic stops to determine if drivers are intoxicated.
In Louisiana, you are considered legally impaired if your BAC is:
Better version: In Louisiana, you are considered legally impaired if your BAC is:
Officers typically request a breathalyzer test when they observe signs of impairment such as slurred speech, bloodshot eyes, the smell of alcohol, or failed field sobriety tests.
Louisiana’s implied consent law (Louisiana Revised Statutes RS 32:661) states that by operating a vehicle on Louisiana roads, you have automatically consented to submit to chemical tests (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are driving while intoxicated.
The answer depends on your situation.
Most drivers, most of the time: Yes, you can refuse, but with severe consequences.
You CANNOT refuse if:
In these situations, refusal itself is a criminal offense with mandatory penalties.
Louisiana law does not allow police to physically force you to blow into a breathalyzer, and they cannot get a warrant to make you blow. You have the physical ability to say “no.”
But officers can obtain a search warrant for a blood test. With a warrant, medical personnel can draw your blood, by force if necessary.
So refusing a breathalyzer doesn’t mean refusing all testing. It just shifts the method from breath to blood.
Yes, you physically can refuse a breathalyzer in most situations. But “can” does not mean “should.”
When you refuse a breathalyzer in Louisiana, the penalties kick in immediately under Title 32 (Louisiana’s traffic and vehicle laws).
In cases involving fatalities or serious bodily injury, first or second refusal suspensions are imposed WITHOUT eligibility for a hardship license.
Financial Penalties:
Immediate Actions by Officer:
These are administrative penalties. Meaning they happen through the Louisiana Office of Motor Vehicles (OMV), separate from any criminal court proceedings. However, if you refuse after having two prior refusals, you will face both administrative and criminal penalties.
Critical Deadlines:
Refusing the breathalyzer doesn’t stop the criminal DWI case from moving forward.
Under Title 14 (Louisiana’s criminal code), prosecutors can still charge you with DWI based on other evidence:
Additionally, your refusal itself can be introduced as evidence in criminal court. Prosecutors will argue, “If they weren’t drunk, why didn’t they just take the test?”
After two prior refusals, Louisiana law says you “may not refuse” to submit to testing. If you refuse anyway, it becomes a criminal offense.
Prosecutors can and do use your refusal as evidence in DWI trials, arguing that you refused testing to hide intoxication.
While this does not automatically result in harsher criminal sentencing by statute, your refusal:
By your third refusal, you are facing:
The penalties do not escalate to three years, but adding criminal charges to the mix makes third refusals substantially worse than second refusals.
Most refusals happen because drivers simply don’t understand what they’re getting into.
They think:
These misconceptions lead to decisions that make bad situations worse.
Some drivers refuse because they know they have been drinking and fear that a failed breathalyzer will seal their fate. The logic makes sense on the surface: Do not give them the evidence they need.
Refusal does not prevent DUI charges. It just changes the nature of the evidence prosecutors will use. And it adds the administrative license suspension on top of whatever criminal penalties you might face.
Legitimate reasons do exist.
Some people have:
If you have a genuine medical condition, communicate it clearly to the officer. They may offer alternative testing methods like blood or urine tests.
A Louisiana DUI attorney can challenge your case even after you have refused the breathalyzer by:
If you refuse, officers will pursue blood or urine testing instead. Under Louisiana’s implied consent law, you have already agreed to all chemical tests (not just breathalyzers).
Refusing blood or urine tests triggers the same penalties as refusing a breathalyzer. One-year suspension for your first refusal.
Some drivers refuse roadside breathalyzers, hoping to buy time at the station, letting their BAC drop naturally. Prosecutors use retrograde extrapolation, a mathematical formula estimating your BAC at the time of driving, not at the time of the testing.
Stay calm and respectful. Anything you say or do will be recorded and can be used in court. Arguing, becoming combative, or showing attitude will only hurt your case.
Yes, but the clock starts ticking immediately.
From the moment of your arrest, you have exactly 30 days to request an administrative hearing with the Louisiana Office of Motor Vehicles (OMV).
Exception: If you were hospitalized, incarcerated, or had another acceptable reason preventing your request, you may have up to 90 days. But you will need documentation proving why you could not act within 30 days.
Submit a written request to:
If you’ve been arrested for DWI in Louisiana—whether you refused the breathalyzer or not—the clock is already ticking on your license and your case.
Chad Ikerd has defended over 1,000 clients facing criminal charges across Louisiana. With 14+ years of experience and deep knowledge of Louisiana’s DUI laws, he knows how to challenge evidence, protect your rights, and fight for the best possible outcome.
Chad focuses on OWI defense and is a member of OWI defense lawyer organizations, including the National College of DUI Defense (NCDD) attorneys, which offers special training in OWI and forensic defense strategy.
Do not wait. Your administrative hearing deadline is just 30 days away, and evidence in your favor can disappear quickly.
Call us today at the Ikerd Law Firm for a consultation.
Past results do not guarantee future outcomes. This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
Yes, for a first or second refusal with no fatality or serious bodily injury involved. Under La. R.S. 32:667, you can apply for a restricted hardship license after installing an ignition interlock device on your vehicle. If the refusal involved a fatality or serious injury, you are not eligible for a hardship license.
No. A portable breath test (PBT) used roadside is a screening tool and its results are generally not admissible as evidence in Louisiana courts. The official evidentiary breathalyzer test is conducted at the police station using a calibrated instrument. Implied consent penalties under La. R.S. 32:661 apply to the official chemical test, not the roadside PBT.
Yes. If you refuse a breathalyzer, officers can obtain a search warrant for a blood test. With a valid warrant, medical personnel can draw your blood even without your consent. Louisiana’s electronic warrant systems allow officers to obtain these warrants quickly, often within minutes during no-refusal enforcement operations.
A breathalyzer refusal remains on your Louisiana driving record permanently unless expunged. The 10-year lookback period under La. R.S. 32:667 determines how prior refusals affect suspension length for any new refusal. A second refusal within 10 years of the first triggers a two-year suspension instead of one year.
Yes, the same implied consent rules apply at sobriety checkpoints as during regular traffic stops. Refusing the chemical test at a checkpoint triggers the same administrative penalties under La. R.S. 32:666, including automatic license suspension. Officers at checkpoints can also seek a warrant for a blood draw if you refuse.
Refusing a breathalyzer results in a one-year disqualification of your CDL for a first refusal, even if you were driving a personal vehicle at the time. A second refusal results in a lifetime CDL disqualification under federal motor carrier safety regulations. These CDL penalties apply on top of the standard Louisiana license suspension.
You can still decline the breathalyzer during a no-refusal event. However, officers will immediately seek a search warrant for a blood draw. Judges are on standby to issue warrants quickly during these operations, so refusing the breath test does not prevent chemical testing. You will still face administrative suspension penalties for the refusal.
Yes. Louisiana courts allow prosecutors to present your refusal as evidence of consciousness of guilt. The jury can consider your refusal alongside other evidence like officer observations, field sobriety results, and dashcam footage. Your defense attorney can counter this by arguing there were legitimate reasons for refusing unrelated to intoxication.
You have exactly 30 days from the date of your arrest to request an administrative hearing with the Louisiana Office of Motor Vehicles. If you miss this deadline, the license suspension becomes automatic with no opportunity to challenge it. Submit your request in writing to the OMV or the Department of Public Safety and Corrections.
Yes, but the consequences are more severe for underage drivers. Louisiana enforces a zero-tolerance policy with a 0.02% BAC limit for drivers under 21 under La. R.S. 32:666. Refusing the test triggers the same one-year administrative license suspension as for adult drivers, and any prior alcohol-related offense on your record increases the penalties.
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