Asked in Criminal Law and DUI / DWI for Louisiana

Q: Blew .000, refused blood test as meds i took 16 hrs prior stay in blood 24hrs. Fighting DWI charges now.

My 1 yr refusal suspension was up Nov.5, 2019 but the DMV is requiring an interlock device and proof of sr22 to reinstate license. I am fighting the charges and have not been convicted. How can they make me pay for interlock when i don't drink and took the breathalyzer?? I took my prescribed meds 16 hours earlier the night before the arrest and the blood test would have gotten me convicted even though the effects of my med only last 3-7 hours but stays in blood 24 hours. I did not refuse the breathalyzer and don't drink alcohol at all. Is this even in the least bit Constitutional?? Refusing blood test in this case was protecting my right against self incrimination. They are acting as though i have already been convicted and punishing me for something that i didn't even do. Shreveport, Louisiana

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1 Lawyer Answer
Mark Ryan Thiessen
Mark Ryan Thiessen
  • Criminal Law Lawyer
  • Houston, TX

A: I understand it's frustrating, but while you are on bond, you are subject to the conditions of the Court and Judge. So while you are out enjoying your freedom, the Judge can require you to have a blow machine. If alcohol is not the issue then maybe your lawyer can get the Interlock removed and ask for a drug patch. As for your refusal, part of the contract of having a driver's license is that you agree to provide a breath or blood test if asked. They will only suspend if you failed the breath or blood with alcohol being over the legal limit. Drugs is not counted...yet.

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