What to Do if Pulled Over for DWI in Louisiana
A Quick Guide to Protecting Your Rights and Your Future
Driving While Intoxicated (DWI) is a serious criminal offense in Louisiana—even though a first offense is usually classified as a misdemeanor, it still carries hefty fines, driver’s license suspension, and the potential for jail time and a criminal record that can follow you for years.
No one should get behind the wheel after drinking or using substances, but mistakes happen, and sometimes good people make poor decisions. If you’re pulled over and suspected of DWI, what you do in the moment can significantly affect the outcome of your case.
Here’s what you need to know.
1. Stay Calm, Be Polite, and Don’t Incriminate Yourself
If an officer suspects you are under the influence of alcohol or drugs, you will likely be arrested. That said, what you say and do before and during the arrest can shape your legal defense.
✅ DO:
Pull over promptly and safely
Provide your license, registration, and insurance
Speak calmly and respectfully
❌ DON’T:
Admit to drinking or using drugs
Say how much you've had or when you last drank
Volunteer information not required by law
Even if you feel pressure to explain yourself, do not admit to anything. Everything you say can and will be used against you.
2. Should You Take the Breathalyzer Test?
In most cases, you should refuse the breathalyzer unless you are certain you are well below the legal limit (0.08% BAC for most drivers).
Refusing the test will result in an automatic suspension of your driver’s license, but it may also deny prosecutors the key evidence they need to convict you. You’ll likely be arrested either way.
Important: Refusal does not mean you’ll lose your license permanently—your attorney can help challenge or reduce the suspension later in court or at an administrative hearing.
3. Blood Tests Require a Warrant
In many parishes, police may seek a warrant to draw your blood if you refuse a breath test. You should:
Be polite and cooperative
Do not consent to blood being drawn without a warrant
Wait for the officer to obtain proper legal authorization
Blood tests can detect alcohol, prescription drugs, and illegal substances, and can be used as strong evidence in court. However, delays between the stop and blood draw may work in your favor by allowing alcohol to metabolize in your system.
4. Prescribed Medications and DWI Charges
If you are legally prescribed medication that causes drowsiness, confusion, or impaired reaction time, you may still be charged with DWI.
That said, if the medication was properly prescribed but caused unexpected side effects, you may have a valid defense, particularly if a medical provider can confirm that:
You took the medication as prescribed
You had no reasonable way to anticipate impairment
We’ll work with your doctor or pharmacist to gather any evidence that supports this defense.
5. Summary: What to Do If You're Pulled Over
To protect yourself legally and avoid making your situation worse, remember these three rules:
🚨 McLaren’s DWI Stop Rule of 3:
Be polite and respectful—but say as little as possible. Don’t admit to drinking or drug use.
Refuse all chemical tests (breath, blood, urine) unless a warrant is presented.
Call your attorney as soon as you're able. The sooner we can start working on your case, the better your chances.
DWI Defense in Louisiana Starts Here
The best defense to a DWI charge is avoiding it altogether, but if you’ve been pulled over or arrested for DWI in Louisiana, you need a defense attorney immediately.
At McLaren Law Firm, we help clients:
Get out of jail quickly
Challenge driver’s license suspensions
Fight chemical test results
Reduce or dismiss DWI charges
Avoid jail time and long-term consequences
📞 Call us at (504) 300-8338 as soon as you're able. Consultations are free, and we’re available 24/7 for urgent cases.
When No One’s Carin’... Call McLaren. We fight for good people who made one bad choice.