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On behalf of Craig E. Gibbs, Attorney at Law posted in drunk driving on Wednesday, January 11, 2017.

While it is always strongly advised and stressed not to get behind the wheel after consuming alcoholic beverages, if you do have more than a few drinks the smart decision may become foggy and you may not do what is best for yourself and others on the road.

If you have been pulled over under the suspicion of driving while intoxicated or if you find yourself at a DUI stop, you may be forced to decide whether or not to agree to a breathalyzer test. There are several factors to consider when faced with this question. How much you have had to drink is the first and most obvious question to consider. Authorities determine your sobriety level based on your blood alcohol content, or “BAC.” This can vary depending on your body type, gender and time that has elapsed between and during these drinks. In Louisiana the legal limit is 0.08 percent.

Police need to determine whether you show signs of impairment. This could be the smell of alcohol on your breath, swerving or erratic driving or even various field sobriety tests. If you believe that the police have grounds to suspect you are driving while under the influence, it may not matter whether you take a breathalyzer test, however, refusing to take one could lead to an automatic license suspension.

Of course, the best way to avoid this difficult decision is to not get behind the wheel after consuming alcoholic beverages. But, if that suggestion has already been ignored and you find yourself in a situation where you are accused of drunk driving and are asked to perform a breathalyzer test, knowing what to expect may be helpful.

Source:, “Should I Take a Blood Test or a Breathalizer Test If I am Asked?” Accessed, Jan. 9, 2017

Tags: Drunk Driving

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Craig E. Gibbs, Attorney at Law - Criminal, Family Law, Attorney

Craig E. Gibbs, Attorney at Law

4480 General DeGaulle Drive, Suite 217
New Orleans, LA 70131

Fax: 844-246-0278
New Orleans Criminal Law Office