As of Sept. 1, people in Louisiana who refuse to take a breath test will have their driver’s license suspended for one year. The penalty is twice as long as the current penalty for breathalyzer refusal.
“Now … it’s worse if you refuse the test,” said DWI attorney Robert Fleming.
Under Louisiana DUI law, a driver who refuses a blood alcohol test on a first DUI offense will have his or her driver’s license suspended for six months and 18 months for a second refusal.
The new law that Gov. Bobby Jindal signed on June 1 doubles the first offense penalty and suspends the offender’s license for two years on a subsequent offense.
Supporters of the new DUI law feel that it will give drivers the incentive to cooperate with police during a DUI stop.
Many supporters say that currently the common thought among many DUI offenders in Louisiana is to refuse the breathalyzer test.
“The problem was that drivers were refusing to take the test” on the advice of DUI attorneys, said Jefferson Parish District Attorney Paul Connick Jr.
According to Donna Tate, executive director of the Louisiana chapter of Mothers Against Drunk Driving, Louisiana has one of the highest refusal rates in the country. In 2005, 39% of drivers pulled over for drinking and driving refused a breathalyzer, when the national average was 22.4%.