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Implied Consent Law in Louisiana

Under the U.S. Constitution and state constitutions, a person does have the right to refuse to provide evidence against themselves by chemical testing. However any person who refuses to take the legally required tests may be subjected to a loss of driving privileges and other penalties.

In Louisiana, the implied consent law deems that all drivers in Louisiana agree to submit to a chemical test of blood, health, or urine, if a police officer has reasonable cause to believe you are under the influence of alcohol or drugs. If a driver refuses to submit to such a test, the driver’s license will be suspended for 180 days for the first refusal. If the driver refuses a second time, his/her license will be suspended for 545 days. If the driver submits to the test and is found legally intoxicated, his/her license will be suspended. A third refusal offense is punishable with the same penalties as a first-offense DWI - up to six months in jail, a $1,000 fine, and a 90-day driver’s license suspension.

Under Louisiana law, first and second time offenders who refuse to take a chemical test could also be required to install an ignition interlock system. They will also be required to pay for the costs related to installing and maintaining the system.

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