Latest News 2009 June New DWI Law Seeks Tougher Penalties for Breath Test Refusal

New DWI Law Seeks Tougher Penalties for Breath Test Refusal

Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.  

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