Louisiana · DWI · Checked October 2026

Refusing a Breath or Blood Test in Louisiana

Refusing a Breath or Blood Test in Louisiana: What Are the Rules?

What happens if you refuse a breath or blood test in Louisiana.

Refusal penalty
License suspended 1 year (2 years for a second refusal within 10 years); a person who has refused on two previous occasions, or after a crash with a death or serious bodily injury, may not refuse, and refusing then is a crime with a fine of $300 to $1,000 and 10 days to 6 months in jail
License suspension for refusing
1 year (first); 2 years for a second or later refusal within 10 years
Deadline to challenge
30 days

Refusal Penalties in Louisiana

license suspended 1 year (2 years for a second refusal within 10 years); a person who has refused on two previous occasions, or after a crash with a death or serious bodily injury, may not refuse, and refusing then is a crime with a fine of $300 to $1,000 and 10 days to 6 months in jailLa. R.S. 32:667(B)(2); La. R.S. 32:666(A)(1)

Official source: refusal penalties (Louisiana)

License Suspension for Refusing in Louisiana

1 year (first); 2 years for a second or later refusal within 10 yearsLa. R.S. 32:667(A)(1)-(2), (B)

Official source: license suspension for refusing (Louisiana)

More on DWI Law in Louisiana

See the full overview of DWI laws in Louisiana and read about implied consent laws in every state.

This page summarizes Louisiana law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Louisiana can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Louisiana?

license suspended 1 year (2 years for a second refusal within 10 years); a person who has refused on two previous occasions, or after a crash with a death or serious bodily injury, may not refuse, and refusing then is a crime with a fine of $300 to $1,000 and 10 days to 6 months in jail

How Long Is the Suspension for Refusing?

1 year (first); 2 years for a second or later refusal within 10 years

Sources

  1. Implied consent: La. R.S. 32:667(B)(2); La. R.S. 32:666(A)(1)
  2. License suspension and hearing: La. R.S. 32:667(A)(1)-(2), (B)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.