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Understanding DWI Arrests Without a Failed Breath Test
In Louisiana, the legal term for impaired driving is DWI, or Driving While Intoxicated. Many people assume that a failed breathalyzer test—meaning a blood alcohol concentration (BAC) of 0.08% or higher—is required to be arrested for DWI. However, that is not always the case. In reality, Louisiana law allows officers to make a DWI arrest even if the breath test is not failed, or in some cases, even if one is not administered at all.
This may seem confusing, but the explanation is based on how Louisiana defines impairment and what officers are trained to look for during a DWI investigation. Breath tests are just one tool among many. If a driver shows signs of impairment or is unable to safely operate a vehicle, officers can still establish probable cause for arrest, regardless of the breath test results.
This article provides clear, factual information on how this works in Louisiana. It outlines the legal standards officers follow, what other forms of evidence may be used, and why breath test results aren’t the only deciding factor in DWI cases. The goal is to offer an informative, non-legal explanation of how DWI arrests can happen even without a failed test.
What Louisiana Law Says About DWI and Impairment
In Louisiana, a driver can be charged with DWI if they are operating a vehicle while under the influence of alcohol, drugs, or a combination of both to a degree that impairs their ability to drive safely. The law does not require a breath test to make that determination. Instead, the focus is on whether the driver’s behavior and condition show signs of impairment.
Louisiana Revised Statute 14:98 outlines the legal basis for DWI charges. It allows for arrests when:
- The driver’s BAC is 0.08% or higher, or
- The officer has probable cause to believe the driver is impaired, even without a confirmed BAC
This means that observable behavior, field sobriety test performance, and the totality of the situation can all serve as justification for a DWI arrest. If the driver is impaired due to prescription medication, illegal substances, or alcohol below the legal limit, the officer can still proceed with an arrest based on their observations and other supporting evidence.
Signs of Impairment That Don’t Involve a Breath Test
When determining whether someone is impaired, Louisiana officers are trained to look for more than just BAC results. A person may appear impaired even if their breath test shows a BAC below 0.08%, and this can still lead to a DWI arrest. Some common non-BAC-based indicators of impairment include:
- Slurred speech
- Difficulty standing or walking
- Disorientation or confusion
- Poor coordination
- Red or watery eyes
- Strong odor of alcohol or drugs
- Unusual or reckless driving behavior
These signs may be observed during a routine traffic stop or during a sobriety checkpoint. If the officer believes the driver is not in control of the vehicle or is acting in a way that suggests impaired judgment, they may conduct field sobriety tests to gather more evidence.
Even if a breath test later shows a BAC below the legal limit, the arrest may still stand based on the officer’s observations and the results of the physical assessments. This is especially relevant in cases involving drug impairment, where breathalyzers don’t provide reliable results.
Field Sobriety Tests and Their Role in DWI Arrests
Field sobriety tests (FSTs) are standardized tasks administered by law enforcement to assess physical and cognitive impairment. In Louisiana, these tests are often used when a breath test isn’t available or when drug impairment is suspected. The three most common field sobriety tests are:
- Horizontal Gaze Nystagmus (HGN): The officer observes the driver’s eye movements while tracking a stimulus, like a pen.
- Walk-and-Turn: The driver is asked to walk a straight line, turn, and return while following instructions.
- One-Leg Stand: The driver stands on one leg and counts aloud to test balance and focus.
Poor performance on these tests can suggest that a driver is impaired, even in the absence of a high BAC. These tests are subjective but are recognized in court as valid indicators of impairment when administered correctly.
If the results of these tests raise enough concern, the officer may proceed with a DWI arrest, regardless of whether the breath test is failed—or even administered at all.
Drug-Related DWI Arrests Without Breath Test Evidence
Another major reason someone might be arrested for DWI without failing a breath test is drug impairment. Breath tests only detect alcohol. They do not detect marijuana, prescription medications, or illegal drugs. In these cases, a driver may appear impaired based on behavior and physical signs, but the breathalyzer shows 0.00%.
Louisiana officers are trained to spot drug-related impairment, which can include symptoms such as:
- Slowed reactions
- Dilated or pinpoint pupils
- Unusual body movements
- Incoherent speech
- Confused mental state
In suspected drug cases, officers may request a blood or urine test for confirmation. However, the arrest itself is usually based on observable impairment, not test results. A driver who is under the influence of medication that causes drowsiness or dizziness—whether it’s prescribed or not—can still face a DWI arrest if they’re deemed unsafe to drive.
This is why Louisiana’s DWI law does not rely solely on alcohol content. Impairment is the key factor, no matter the source.
Refusing a Breath Test Still Leads to DWI Arrests
In Louisiana, refusing a breath test doesn’t mean you avoid arrest. Under the implied consent law, all drivers agree to submit to chemical testing if suspected of impaired driving. If a driver refuses the test, officers may still arrest them based on field sobriety test performance or other observations.
Refusing a breath test comes with automatic administrative penalties, including:
- Immediate license suspension (typically one year for the first refusal)
- Possible requirement of an ignition interlock device
- Loss of driving privileges for repeat refusals
While the refusal itself isn’t proof of guilt, it does not prevent an officer from making an arrest if there is enough evidence of impairment from other sources. In fact, refusal can be seen as a red flag during the investigation and may strengthen the officer’s case for arrest.
Officer Discretion in the Arrest Process
The decision to arrest a driver for DWI in Louisiana is based on probable cause, not just one factor like a failed breath test. Officers have discretion to weigh all evidence available during a traffic stop. This includes:
- Driving behavior prior to the stop
- Physical condition and speech
- Field sobriety test results
- Driver statements or admissions
- Odor of alcohol or drugs
- Refusal to comply with tests
If the officer believes the driver is impaired and unsafe to drive, an arrest may occur even if chemical test results are inconclusive or absent. This flexibility allows Louisiana officers to handle a range of situations, including those involving drug use, combined substance impairment, or low-level alcohol intoxication that still affects driving.
Because of this, drivers should understand that chemical tests are only part of the equation. Many DWI arrests are built on behavior, not numbers.
FAQ: Arrest Without a Failed Breath Test in Louisiana
Q: Can I be arrested for DWI even if I pass the breathalyzer?
A: Yes. If the officer sees signs of impairment, such as slurred speech or failed sobriety tests, you can still be arrested.
Q: What if I refuse the breath test entirely?
A: Refusing a breath test triggers automatic license suspension and doesn’t prevent an arrest if impairment is observed.
Q: Can prescription drugs lead to a DWI arrest?
A: Yes. Any substance—prescription or otherwise—that impairs your ability to drive can result in a DWI arrest.
Q: Are field sobriety tests mandatory in Louisiana?
A: No. You can decline, but refusal may still be factored into the officer’s arrest decision.
Q: Will my breath test results be the only evidence used in court?
A: No. Officers use all available evidence, including test results, physical signs, and field tests.
Q: Can I still be charged with DWI if my BAC is below 0.08%?
A: Yes. If impairment is present, a lower BAC may still lead to a DWI charge.
Q: Do drug-related DWIs require a breath test?
A: No. Breath tests do not detect drugs. Arrests are based on behavior and possibly blood or urine tests.
Conclusion
In Louisiana, a failed breath test is not required for a DWI arrest. Officers rely on a combination of factors, including behavior, physical signs, and field sobriety test results, to determine impairment. Drivers can be arrested even if their BAC is below the legal limit or if the breath test is refused. Understanding this process helps clarify how Louisiana’s DWI laws prioritize safety and judgment over any single test result.
To learn more about what law enforcement looks for during a traffic stop, read our post on What Triggers a DUI Arrest During a Traffic Stop. For a full breakdown of how impaired driving laws work, visit the main guide on How DUI Laws Work.