Do I have the right to not blow into the breathalyzer test when I’m being investigated for a DWI?
Choice: Generally, it is the motorist’s choice whether to blow. If a motorist does submit to the breathalyzer test, their license will be suspended for 90 days after the arrest, and it will be suspended again to reach 1 year if they plea on an OWI. If the motorist chooses not to submit to the breathalyzer test, their license will be suspended for a year, but it will count toward the suspension if they plea or are found guilty of an OWI.
Evidence: If anyone does refuse a chemical test they must be told by the officer the consequences of that decision. The consequences include driving privileges and drivers’ license being seized by law enforcement. Further, the motorist’s refusal to submit to a chemical test can be introduced at trial as evidence of intoxication.
Three circumstances when you must submit to the breathalyzer test: Under Louisiana revised statute 32:666, when law enforcement has probable cause to believe a motorist is driving while intoxicated, the motorist may not refuse to submit to a chemical test under three circumstance. You heard that right: they say the motorist may not refuse to submit to a chemical test. Here are the three possible ways: (1) the motorist has refused to submit to such test on two previous and separate occasions of any previous such violation, (2) in any case where fatality has occurred, and (3) if a person has sustained serious bodily injury.