Do You Blow a Breathalyzer on the Side of the Road in Louisiana?
Many people believe that police officers administer a breathalyzer on the side of the road during a DWI stop. That idea often comes from television shows, movies, and information online describing how DUI investigations work in other states.
When people contact our office about a Louisiana DWI arrest, it is common for them to ask something like,
I didn’t take the breath test until I got to the station. Is that normal?
In ALL Louisiana cases, the answer is yes.
The breath test in Louisiana is always administered after a driver is arrested and transported to the police station, not during the roadside portion of the investigation.
Why Many People Think the Breathalyzer Happens During the Traffic Stop
Many people assume that the breathalyzer is given during the traffic stop because that is how DUI investigations are often portrayed in movies and television shows. In those depictions, a driver performs field sobriety tests and then immediately blows into a handheld breath device on the side of the road.
In addition, many articles on the internet discuss roadside breath testing in other states. Because those articles are written for a national audience, readers sometimes assume the same procedures apply everywhere.
In Louisiana DWI cases, however, officers typically rely on their observations and field sobriety tests during the roadside investigation.
What Usually Happens During a Louisiana DWI Stop
A typical Louisiana DWI investigation usually follows a sequence similar to this.
- Traffic Stop: an officer stops a vehicle based on a suspected traffic violation or unusual driving behavior.
- Initial Observations: the officer makes initial observations. The officer may notice the odor of alcohol, slurred speech, bloodshot eyes, or other signs of possible impairment.
- Field Sobriety Tests: the officer may ask the driver to perform field sobriety tests. These commonly include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
- Arrest Detention: based on the officer’s observations and the results of the roadside investigation, the officer may decide to place the driver under arrest for DWI.
- Transport to the Station: the driver is transported to a police station, parish jail, or testing facility.
- Breath Test at the Station: the officer may request that the driver submit to a breath test using an evidentiary breath testing instrument.
In other words, the breath test ALWAYS occurs after the arrest, not during the roadside investigation.
When the Breath Test Is Administered
In Louisiana, the breath test is performed using an Intoxilyzer machine or another approved evidentiary breath testing instrument operated by a trained officer.
These very expensive machines are typically located at police stations, parish jails, or DWI processing centers. Because of this, the breath test is often administered once the driver has been taken to the station.
Many people are surprised by this because they expect the breath test to happen immediately during the traffic stop.
Why the Process Is Often Misunderstood
Many online articles about DUI law describe procedures used in other states where officers commonly administer portable breath tests during roadside investigations.
Because those articles are written for a national audience, readers often assume the same procedures apply everywhere.
In Louisiana, however, the roadside investigation typically focuses on the officer’s observations and field sobriety testing, with the evidentiary breath test administered later at the station.
Every Louisiana DWI Investigation Is Different
Every DWI case is unique. The circumstances of the traffic stop, the field sobriety testing, and the breath test procedures can all play a role in how a case is evaluated.
Understanding how the investigation unfolded is often an important first step in determining how a case should be handled.
If you have questions about a Louisiana DWI arrest or the testing procedures involved, speaking with a lawyer who regularly handles these types of cases can help you better understand the situation and the next steps.
A Louisiana DWI arrest can involve both criminal court proceedings and a potential driver’s license hearing.
Many people who contact our office after a Louisiana DWI arrest are surprised by how the investigation actually works. The details of the traffic stop, field sobriety testing, and breath test procedures can sometimes become important when evaluating a case. If you have questions about what happened during your arrest, it may be helpful to speak with a lawyer who regularly handles Louisiana DWI cases and can review the specific circumstances of your situation.
This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm.
