Louisiana DWI/DUI Chemical Testing

Upon arrest for DUI/DWI in the state of Louisiana, the police will request a sample of a person's blood, breath, urine or other bodily substance. Which test or tests will be requested is in the discretion of the police. In order for the chemical analysis to be considered valid, testing must be performed in accordance with the methods approved and promulgated by the Department of Public Safety and Corrections, and performed by an individual possessing a valid permit.

Breath Testing In Louisiana DWI Cases

Breath test analysis is conducted in Louisiana on a breath machine called the Intoxilyzer 5000. Prior to administering the test, the police are required to observe the offender for at least 20 minutes to ensure nothing is ingested or placed into the mouth that could affect the validity of the test result.

Urine Testing In Louisiana DUI/DWI Cases

Urine testing is not the most reliable method of chemical testing, and is typically only used in cases where the police suspect impairment by drugs.

Blood Testing In Louisiana DWI/DUI Cases

Only a physician, physician assistant, registered nurse, emergency medical technician, chemist, nurse practitioner, or other qualified technician may withdraw blood for the purpose of determining the alcoholic content or presence of any abused or illegal controlled dangerous substances therein. No law enforcement officer who is not otherwise qualified as a physician, physician assistant, registered nurse, emergency medical technician, chemist, nurse practitioner, or other qualified technician may withdraw blood for the purpose of determining, or of having determined, the alcoholic content or presence of any abused or illegal controlled dangerous substances therein.

Your Right To An Independent Chemical Test After A Louisiana DUI Arrest

After submitting to a chemical test requested by the police, the person tested may have a physician, physician assistant, chemist, registered nurse, emergency medical technician, nurse practitioner, or other qualified technician of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The cost of any such additional test shall be at the expense of the tested person. After being advised of this right, he shall be given the opportunity to telephone and request a qualified person to administer such test. The failure or inability of the person to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer, unless said person was denied rights guaranteed to him by law.