DWI/ DUI: No Refusal Laws and Mandatory Blood Tests

Crimes of driving while intoxicated and driving under the influence (Louisiana Revised Statutes 14:98) are anything but straightforward. There are many issues and nuances in this area of law such as when you are considered to be in control of your vehicle, the concept of implied consent and the fairly new mandatory blood test law.  This is why it is important to seek the counsel of an experienced criminal defense attorney if you have been arrested for DWI or DUI. The attorneys at Joe Larre’ Law Firm have years of experience successfully defending individuals charged with DWI or related offenses throughout Louisiana.

A DWI or DUI charge can result from the consumption of alcohol or use of illegal substances and prescription drugs.  You do not even have to be actually driving to be arrested for DUI or DWI.  You just have to be found in physical control of your vehicle, which means that you are inside the car and are able to make it move.  The police only need probable cause to believe that you are driving under the influence or while intoxicated, a very low evidentiary standard, in order to arrest you for one of these crimes.  

Another little known concept related to DUI/DWI is that of implied consent.  Implied consent means that when you operate a motor vehicle in the State of Louisiana, you agree to submit to a chemical test should you be arrested for DWI/DUI.  The arresting officer has the ability to determine which test is administered and has the choice of taking a breath, blood or urine sample.  While you are allowed to refuse a chemical test, it will most likely result in immediate consequences including the revocation of your license and jail time.  Your refusal can also be used as evidence against you coupled with the results of any field sobriety tests that have been administered.  

Even if you refuse the chemical test, the arresting officer can obtain a search warrant from a judge that will allow him or her to give you a mandatory blood test.  While this process takes substantially longer than if you submitted to a chemical test immediately, being subjected to this test can still result in evidence that may be used against you. You can also be incarcerated by the police until a warrant is obtained giving them the ability to collect a blood sample.

If you have been arrested for DWI or DUI, you cannot afford to take chances with your representation.  A conviction can lead to the loss of your license, jail time and loss of your livelihood.  To have the best chance of a favorable outcome in your case, contact the skilled criminal defense attorneys at the Joe Larre’ Law Firm.  We defend clients throughout the State of Louisiana with offices in Gretna, Mandeville and Thibodeaux. Call (504) 520-8989 to schedule a complimentary consultation.

The Joe Larré Law Firm LLC specializes in DWI/DUI Defense, Car Accident Personal Injury, and Criminal defense, assisting clients in Jefferson Parish, Lafourche Parish, St Charles Parish, St Tammany Parish, Plaquemines Parish, Terrebonne Parish, Orleans Parish, East Baton Rouge Parish, Tangipahoa parish, and all other Southern Louisiana Parishes.

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