AACEA Louisiana: Louisiana Alcohol Laws – The Implied Consent Law
If you have already completed your Louisiana Responsible Vendor Program and received a Louisiana Bar Card, you should have learned about various Louisiana Alcohol Laws including how The Implied Consent Law works in Louisiana State and what it means for people who choose to drink and drive + how it applies to you as someone who works in the hospitality industry. If you’ve forgotten or need a little refresher, we encourage you to continue reading! If you would rather wait to learn about this until you take the Louisiana Responsible Vendor course you are welcome to do that too!
So what is this Implied Consent Law all about? We’ll break it down for you. In Louisiana State, if you are lawfully arrested by a police officer who has reason to believe you have been driving a vehicle, boat, train, etc., while legally intoxicated then you automatically consent to taking a blood, breath, or urine test to determine your BAC. In addition, the police officer who arrests you gets to choose which test you take, and the test has to be taken ASAP from the time you were found driving while intoxicated.
Don't remember consenting to this law? The Implied Consent Law is actually something you agreed to when you applied for a license, and it applies whether you realized you were giving your consent or not... this law is "implied"after all!
If you refuse to comply with the Implied Consent Law upon being arrested, your license will be suspended for a year. If you refuse a second time (or any subsequent time) your license will be suspended for two years. If you are arrested for suspicion of driving while intoxicated and had refused to comply with the Implied Consent Law two or more times prior to that arrest, or if you had been involved in an accident where there was serious injury or death prior to that arrest then you will likely be forced to take a blood, breath, or urine test by the state to determine your BAC.
You may be wondering how The Implied Consent Law applies to you as someone who works in the hospitality industry. It applies to you indirectly in that it provides you with knowledge you can pass onto your customers if they attempt to leave your establishment and drive away while intoxicated. In other words, you can use this information as leverage to keep a customer from getting behind the wheel of any vehicle and attempting to drive.
We hope this was a helpful refresher for you and this information helps you to feel empowered as you may find yourself needing to prevent customers from trying to drive while intoxicated at some point during your career!
If you need to take an ATC Approved Louisiana Responsible Vendor Program, we welcome you to sign up for our program whenever and wherever is most convenient for you!