The DWI Stop
La. R.S. 32:661 — driving on a public highway is consent to a chemical test, and refusing costs the license for 1 year
Anyone who drives on the public highways of the state is deemed to have consented to a chemical test of blood, breath, urine or other bodily substance if arrested for an offense of driving while believed to be under the influence. Before asking, the officer reads a standard form covering the Miranda rights, that refusing can suspend the license, and that a result of 0.08 percent or more, or 0.02 percent or more under 21, can suspend it too.
- A person under arrest may refuse the test, after being told what refusing costs, and the license is then seized.
- Evidence of the refusal can be used in the criminal case.
- A refusal suspends the license for 1 year, and a second refusal within 10 years for 2 years.
- A test may not be refused by someone who already refused on 2 earlier occasions, or after a crash in which someone died or was seriously hurt.
30 days to ask for a hearing. The officer takes the license and issues a temporary receipt good to drive on for up to 30 days. That receipt is also the notice that the person has not more than 30 days from the arrest to ask the Department of Public Safety and Corrections in writing for an administrative hearing.
| Without a hearing request | Suspension |
|---|---|
| Without a hearing requestTest of 0.08 percent or more, first offense | Suspension180 days |
| Without a hearing requestTest of 0.08 percent or more, again within 5 years | Suspension365 days |
| Without a hearing requestTest of 0.15 percent or more, first offense | Suspension2 years |
| Without a hearing requestRefusing the test | Suspension1 year |
After a first or second suspension for refusing, or for a result under 0.15 percent, the driver is immediately eligible for a restricted license on proof of an ignition interlock device in the vehicle.
Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- La. R.S. 32:661 — Operating a vehicle under the influence of alcoholic beverages or illegal substance or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
- La. R.S. 32:666 — Refusal to submit to chemical test; submission to chemical tests; exception; effects
- La. R.S. 32:667 — Seizure of license; circumstances; temporary license
- Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
- Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.