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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
52027 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


Hey I'm in 100% agreement with you that the system is fricked. It is horrible that you basically have to blow when you're sober or else risk other penalties. But unfortunately, that's how it's becoming.

I personally still wouldn't blow if I was sober. But I do know there are repercussions for that.






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XxxSpooky1
LSU Fan
A place in SE La
Member since Sep 2007
4204 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


Your best bet is to just stfu. Refuse all tests. If you refuse all tests then the only evidence is the reason for stop and what the office observers.

I've gone through this once. My OWI was reduced to a careless operations ticket. I paid a 300 fine and walked out. Got an expungement so I've never been arrested for OWI. Btw, I did all of this without the assistance of an attorney.






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RogerTheShrubber
LSU Fan
Juneau, AK
Member since Jan 2009
87620 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

Sober.. Drunk.. High... Whatever, don't EVER EVER EVER EVER do field sobriety tests



My daughter did, and passed. They took blood at the intake by telling her it was for something else, which showed she wasn't intoxicated.

She still faces charges for refusing to blow.






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NIH
LA-Lafayette Fan
Lafayette, LA
Member since Aug 2008
58395 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

Your best bet is to just stfu. Refuse all tests. If you refuse all tests then the only evidence is the reason for stop and what the office observers


People get this false confidence when they're drunk that they can somehow fool the cop by passing the tests. It's retarded.






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Creamer
LSU Fan
louisiana
Member since Jul 2010
1269 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


A lot of people have a hard time believing it, but the judge is not just going to convict you unless they have decent evidence. If they have video of you stumbling around, you admit to drinking, or fail a breathalyzer test your fricked. If you refuse everything keep your mouth shut and get in the cop car you will have a much greater chance in court.





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pooponsaban
LSU Fan
Baton Rouge
Member since Feb 2008
12989 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

FSTs are also completely voluntary with no penalty for refusing.


The only penalty is being arrested for suspicion of DUI...which happens every time someone refuses the FSTs.






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NIH
LA-Lafayette Fan
Lafayette, LA
Member since Aug 2008
58395 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

They took blood at the intake by telling her it was for something else


quote:

She still faces charges for refusing to blow.


seems like if she can get an attorney worth a shite then this should be taken care of pretty easily, don't you think?






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20MuleTeam
LSU Fan
West Hartford
Member since Sep 2012
1504 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


Used to be the way to go, but they've jacked up the mandatory administrative suspension in most states so much that if it's your first you might as well just take it. if you work for a living being without a license on a first for 1 to 2 years is much more expensive in the long run. Now if the admin suspension isn't that much longer in your state or is the same, always refuse





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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
52027 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

Posted by pooponsaban


Can't believe we agree on something ;)






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NIH
LA-Lafayette Fan
Lafayette, LA
Member since Aug 2008
58395 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

The only penalty is being arrested for suspicion of DUI...


as opposed to being arrested for a DUI?






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bee Rye
LSU Fan
New orleans
Member since Jan 2006
27101 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

Just because they CAN doesn't mean they will. Had a friend refuse to blow last week and no blood sample was even brought up in conversation.

Also unless its a checkpoint with the big bus, the time it takes to obtain the warrant and take you to the hospital not only takes long enough for your blood alcohol level to lower.. It decreases that cop's chance of catching people who don't know not to blow so he likely won't bother with you.

Blood samples really only come into play when its a DUI setup with someone ready to take blood
you really have no clue what the frick you are talking about. they have judges on standby 24/7 to sign the warrants, and they don't take you to a hospital to take your blood, every station has someone who can take your blood on staff






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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
52027 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

if you work for a living being without a license on a first for 1 to 2 years is much more expensive in the long run


I've never heard of anyone being unable to obtain a hardship license...






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lsuwontonwrap
LSU Fan
Member since Aug 2012
10751 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


Just for the record, a buddy of mine got a DWI last summer and he didn't lose his license. He had to do a shite ton of community service, though.





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NIH
LA-Lafayette Fan
Lafayette, LA
Member since Aug 2008
58395 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

they have judges on standby 24/7 to sign the warrants, and they don't take you to a hospital to take your blood, every station has someone who can take your blood on staff


I know for a fact that is not true.






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RogerTheShrubber
LSU Fan
Juneau, AK
Member since Jan 2009
87620 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:


seems like if she can get an attorney worth a shite then this should be taken care of pretty easily, don't you think?


They are working on it. She has a hearing soon, hopefully it can end favorably. Alaska is really militant about DUI though.








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nycajun
LSU Fan
Nothin' could be finer.....
Member since Dec 2004
17305 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

I think there's some way around the license thing. My dad is a criminal defense attorney and has always told me just to STFU if I get stopped...



This. Always. Whether you've had 10 drinks, 2 drinks or 0 drinks.






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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
52027 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

you really have no clue what the frick you are talking about. they have judges on standby 24/7 to sign the warrants, and they don't take you to a hospital to take your blood, every station has someone who can take your blood on staff


Doesn't mean the cops all take the time to do it. Like I said, had a friend refuse literally last weekend. No blood was even close to being drawn.

And why don't you call up my DUI lawyer who is an ex-field sobriety test instructor and tell him he has no fricking idea what he is talking about since I'm repeating verbatim what he tells his clients.

Also, you don't have to be so "fricking" rude just because a stupid Internet conversation makes your panties wadded.






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Creamer
LSU Fan
louisiana
Member since Jul 2010
1269 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

they have judges on standby 24/7 to sign the warrants,


Not true. They have judges on standby if a "no refusal" checkpoint has been set up. They are not taking blood 24/7 of everyone that refuses a breathalyzer.






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NIH
LA-Lafayette Fan
Lafayette, LA
Member since Aug 2008
58395 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop


I think he assumes that every station in Louisiana is JPSO, or NOPD, or something. Most stations are lucky to have people manning the damn phones and computers real late let alone some one who can actually take your blood.





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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
52027 posts
 Online 

re: Pros and Cons of refusing the breathalyzer on a DUI stop


quote:

Not true. They have judges on standby if a "no refusal" checkpoint has been set up. They are not taking blood 24/7 of everyone that refuses a breathalyzer.


This. Like I said a couple pages ago, you won't be forced to give blood immediately unless you are stopped at a DUI setup with the van and all.

If they do a blood test just when pulling you over, it's via obtaining a warrant and taking you somewhere.






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