Legal Question in DUI Law in Louisiana

can law officers force you to take a blood test in louisiana or do you have the right to refuse the medical procedure


Asked on 6/01/10, 8:00 am

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You have the right to refuse the test unless: (1) you have refused two similar tests before after being pulled over for suspected DWI, or (2) you were involved in an accident with death or serious bodily injury.

I did see something on the news last week stating that Jefferson Parish was doing a "no refusal" checkpoint. To be honest, I don't see how that could hold up in court. Unless you fit one of the criteria, the Louisiana Supreme Court has stated that you have the right to refuse the testing.

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Answered on 6/01/10, 1:09 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Only a Judge can order you to submit. I believe there is a new law either proposed or passed that would allow the officers to assess your condition at the scene and then request a court order by phone to have you submit to a blood test.

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Answered on 6/01/10, 3:36 pm


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