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Live PD question about roadside breath tests

Posted on 5/27/17 at 5:25 pm
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120169 posts
Posted on 5/27/17 at 5:25 pm
So on Live PD they claimed the shitty roadside breathalyzers generally arent admissible in court. Is this true in LA? Any insight Walt?
Posted by BayouBengals03
lsu14always
Member since Nov 2007
99999 posts
Posted on 5/27/17 at 5:26 pm to
I thought they drove you to the station to make you blow most of the time.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48889 posts
Posted on 5/27/17 at 5:27 pm to
It's a trap so all the viewers blow
Posted by gizmothepug
Louisiana
Member since Apr 2015
6386 posts
Posted on 5/27/17 at 5:27 pm to
Get a warrant to take your blood?
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73674 posts
Posted on 5/27/17 at 5:40 pm to
Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.
Posted by MasCervezas
Ocean Springs
Member since Jul 2013
7958 posts
Posted on 5/27/17 at 5:52 pm to
quote:

Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.



I prefer to reach in my pockets real quick and approach the officer in an aggressive manner.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
59587 posts
Posted on 5/27/17 at 6:05 pm to
Put pennies in yo mout
Posted by rantfan
new iberia la
Member since Nov 2012
14110 posts
Posted on 5/27/17 at 6:38 pm to
quote:

Consent to blow then keep fricking up the test. Short of breath, tongue in the way, couch mucus into the tube.






Blow the cop
Posted by tigerspin
Member since Dec 2008
1683 posts
Posted on 5/27/17 at 6:51 pm to
I'm not familiar with LA law but it isn't admissible in NC or TN, and I would bet most states.

The PBT (preliminary breath test) does give a number but LEO can't testify to what that number was, the only thing that can be mentioned in court is that it tested positive or negative for the presence of alcohol.

The portable test units aren't as accurate as the breathalyzer machines (that are admissible in court) but in my experience are never far off.
Posted by Charlie Arglist
Wichita, Kansas
Member since Nov 2012
5550 posts
Posted on 5/27/17 at 6:56 pm to
quote:

Live PD question about roadside breath tests



NEVER.frickING.BLOW!!!!!!
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9204 posts
Posted on 5/27/17 at 7:00 pm to
They aren't admissible in Louisiana.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
59587 posts
Posted on 5/27/17 at 7:00 pm to
Blood test better option?
Posted by tigerspin
Member since Dec 2008
1683 posts
Posted on 5/27/17 at 7:11 pm to
quote:

NEVER.frickING.BLOW!!!!!!


I can say that LA is (as are most states) an implied consent state, meaning you do have the right to refuse to provide any chemical sample (breath or blood) for testing but a refusal is an automatic suspension of your license for a certain period of time (6 months for first offense in LA) and the refusal can be used as evidence against you in court later.

And in most jurisdictions when someone refuses an officer will get a search warrant permitting a chemical sample to be taken, whether the suspect consents or not.
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124238 posts
Posted on 5/27/17 at 7:22 pm to
I've never used a roadside breathalyzer

I always blow at the police station
Posted by NIH
Member since Aug 2008
112553 posts
Posted on 5/27/17 at 7:26 pm to
You can get a hardship license pretty quickly if you refuse. Better that than blowing and having your automatic conviction.
Posted by whit
Baton Rouge
Member since Sep 2010
10998 posts
Posted on 5/27/17 at 7:29 pm to
quote:

Put pennies in yo mout

I giggled like a bitch
Posted by Feelthebarn
Lower Alabama
Member since Nov 2012
2358 posts
Posted on 5/27/17 at 7:30 pm to
They got you by the balls either way now days
Posted by Tiger Prawn
Member since Dec 2016
21855 posts
Posted on 5/27/17 at 8:54 pm to
quote:

Blood test better option?


They have to bring you in and book you, then get a warrant to draw blood. That extra time it takes might be the difference between your 4-5 beers being 0.08 and getting a DWI on your record or getting off with a 0.07
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