Tougher DWI Laws Proposed on Breathalyzer Refusal
According to Louisiana DUI laws, refusing a breathalyzer test can help drunk drivers avoid DUI penalties, so state Rep. Tim Burns, R-Mandeville, is looking to pass stricter DUI laws to combat this problem.
If a person refuses a breathalyzer today, he or she may face a 180 day driver’s license suspension. The new DUI laws Burns is purposing would suspend a driver’s license for one year for refusing a breathalyzer test the first time.
The bill has been passed by Louisiana lawmakers and is waiting Governor Bobby Jindal’s signature. The law would become effective Sept. 1.
“The tide has really shifted in this issue,” Burns told the press. “It wasn’t that long ago that you could have open containers in the cars, and that’s slowly been gotten rid of, and I think as we move to a society and a state that’s more conscious of this issue, it’s just trying to provide for the public safety of it’s citizens.”
The bill has been criticized by some for infringing on people’s civil liberties, but it is receiving support in most communities.
A response was sent by Mothers Against Drunk Driving, MADD, supporting the bill. MADD expressed that eventually, the group would like to see breathalyzer refusal a criminal offense.
5 Responses so far
Allen D. Porter
June 22nd, 2009
9:27 pm
The only good thing about refusing a breathalyzer test is that you won’t get tased for refusal. You can get tased for almost any other refusal of an officer’s requests.
Refusers also give up a potential line of defense by not having breathalyzer results for their lawyers to question. Combine that with the growing public opinion that refusal is an admission of guilt and it becomes obvious that refusing a breathalyzer test will just get one in More trouble. And that is how it should be!
As the laws against drunk drivers stiffen, there may be a time when the punishment becomes inappropriately extreme. But we are a long way from there yet.
DUI Laws
July 5th, 2009
6:14 pm
Tougher DUI laws are always good but I’m not sure if this is a good one to have pass into law.
HappyBreath Net
July 13th, 2009
8:12 pm
Since people in many states are expected to be willing to submit to breathalyzer tests or submit to severe penalties for refusal, shouldn’t then be able to take their own breathalyzer reading before getting behind the wheel? I’ve heard of cases where acid reflux caused a high reading for a relatively sober person. Had he been able to measure his own BAC (per breathalyzer) he would have known he was at risk of DUI, even if he wasn’t really drunk.
San Diego DUI Attorney
September 11th, 2009
7:30 pm
California is much more stringent about their DUI laws compared to the DWI laws in the State of Louisiana.
Louis
December 30th, 2009
5:46 pm
The rate at which we are legislating away our freedoms in this country is stunning. I am 100% aganist drunk driving, and I think if you hurt somebody because you’re driving drunk, you should spend a long, long time in jail.
However, freedom is most important. I know the MADD people are really sensitive, but, I’ll repeat that, freedom is most important. Benjamin Franklin said, “Those that would give up liberty for safety deserve neither.” The Constitution gives us a presumption of innocence. No matter what public opinion may be, refusing a breathalyzer isn’t an admission of guilt – it’s standing up for your constitutional rights that Americans have bled and died for.
There’s not much that I can agree with the ACLU about, but this issue is one of them. As we debate health care, cap and trade, and these many other issues, we need to have a serious discussion in this country about freedom, and how much of it we want to pass to our children.
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