DWI Arrestee's Rights

This document is the "Arrestee's Rights Form" from the Louisiana Department of Public Safety and Corrections, Office of State Police. It focuses specifically on chemical testing for intoxication during DWI/DUI arrests.

A person who receives this form would find:

1. Basic Information: At the top, the form establishes that the person is under arrest by an officer who has reasonable grounds to believe they were operating a vehicle while intoxicated, or were involved in an incident with a fatality or serious injury.
2. Consequences of Test Refusal:
   • License suspension periods (1 year for first refusal, 2 years for second refusal)
   • Criminal penalties for refusal
   • Notice that evidence of refusal can be used against them in court
3. Special Provisions for Fatal Accidents:
   • In cases involving a fatality or serious injury, the person cannot legally refuse the test
   • Stricter penalties apply in these situations
4. Consequences Based on Test Results:
   • For BAC of .08% or above: License suspension periods and evidence at trial
   • For BAC of .15% or above: Extended suspension periods
   • For BAC of .20% or above: Even longer suspensions
5. Underage Driver Provisions:
   • Special consequences for drivers under 21 with BAC of .02% or higher
6. Commercial Driver Consequences:
   • Stricter standards (.04% BAC threshold)
   • Disqualification periods for commercial licenses
   • Special rules for hazardous materials and school bus drivers
7. Legal Rights:
   • Right to an additional test at their own expense
   • Constitutional rights (remain silent, attorney, etc.)
   • Warning that refusing the test will result in license suspension regardless of consultation with an attorney
8. Signature Section:
   • Space for the arrestee to acknowledge understanding
   • Fields for witnesses and arresting officers
   • Documentation if the person refuses to sign

• DWI Arrestee's Rights
• Biểu Mẫu Về Quyền Của Người Bị Bắt Giữ
• Formulario De Derechos Del Arrestado