If you are pulled over for a DWI, should you submit to a breath test? Generally speaking, yes. Your license gets suspended for refusing a breath test, and usually for longer than if you failed it. Also, the fact that you refused can be used as evidence against you in a trial over the DWI charge.

If you don’t submit to the breath test, they can penalize you for not submitting AND often quickly get a warrant to force you to give blood anyway. So, you get the worst of all possible worlds: get tested, get stuck with a needle, and a longer license suspension for refusal. If you have refused twice before, or if there was a serious accident with injury, they don’t need a warrant, the officer can force a blood test.

If you do decide to refuse to submit to a breath test, then you should also refuse the field sobriety test. That’s the one where you stand on one leg, walk in a straight line and such. The point of the test is to film it and use it as evidence against you. You are not required to take it

La. R.S. 32:666

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