If Youre Not From Louisiana You Wont Believe This

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Use of Your Information 4. Sharing Information With Third Parties 5. Your California Privacy Rights 9. International User Notice Use of Your Information 3. Incidentally, you are not supposed to drive a train in Louisiana while intoxicated either, and if you do, then you consent to a chemical test then, too. The officer gets to choose which test you take, and the test must be taken as soon as possible from when you were driving. You could be arrested for a DWI even if you are not driving.

If you have actual, physical control of the vehicle while under the influence, then that can be enough for an officer to arrest you. Generally, actual, physical control means that the driver is in the car and could make it move.

Even if the driver is asleep when the officer arrives on the scene, the potential that he or she could wake up and drive has been enough for a Louisiana court to decide that the driver had actual physical control. To read an example of actual, physical control, see the case State v. Sims , So. You may need to go to a Louisiana law library to find this case.

Once you are arrested, the officer must tell you your rights and the consequences you face if you refuse the test. You have constitutional rights under Miranda v. The officer must explain that your license will be suspended either if you refuse to take a test, or if you take one and your results show your BAC is at.

Also, the officer has to give you his or her name and agency.

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If there were any other officers present, then you can have their names and agencies too. All of this information must be included on a form that the officer reads to you and afterward, asks you to sign. In Louisiana, you will lose your license for one year for your first refusal. For your second and any subsequent refusal, your license will be suspended for two years. You can read the penalties for refusal in the Louisiana Revised Statutes Annotated