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Harry Pitts
New Orleans Saints Fan
New Orleans
Member since Jul 2011
1085 posts

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

Have a family friend who is a cop who said if you caused no harm to anyone else and no damage to any property, dont blow, you may lose your license but you wont get a DUI...worth it if I made a dumb decision


heartbreakTiger
Georgia Fan
grinding for my grinders
Member since Jan 2008
124129 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
yea if im anywhere near being drunk im not blowing. ill give them my dl, and registration and then no for every answer and ill spend the night in jail giving them no evidence. then just deal with having a hardship dl.



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ClydeFrog
New Orleans Saints Fan
LA
Member since Jul 2012
3193 posts

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

refusing the breathalyzer on a DUI stop


PYA...



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20MuleTeam
LSU Fan
West Hartford
Member since Sep 2012
2114 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
Wrong, that used to b the case but no more. Refusing to blow is an administrative penalty and in most but not all states your license can and almost always will no matter how good the lawyer be suspended for a year or for a first offense (again this is state specific). They did this because they know for a first offense its not worth it to those with responsibilities and a job to not have a license for that long. Now for second or third timers yeah but not a DUI 1. That's just a fact I know I'm a lawyer in several states. Of the admin suspension in your state is the same or just a little longer by all means never blow. But if its very harsh just take that into account. If you don't blow it will make it easier to win your case but even if you input, again not all, states the severe license suspension will still be applied as it is got refusing to blow not for being drunk. So know the suspension length for refusal in your state


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CP3
LSU Fan
Baton Rouge
Member since Sep 2009
3868 posts
Online

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

Have a family friend who is a cop who said if you caused no harm to anyone else and no damage to any property, dont blow, you may lose your license but you wont get a DUI...worth it if I made a dumb decision


Absolutely. I got away easy, so I won't complain about a small inconvenience like having a interlock for a year.


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delta3504
LSU Fan
Baton Rouge
Member since Mar 2009
1811 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
I have this crazy idea. Why don't people just find someone else to drive if they have been drinking? Sounds a little crazy, but how about giving it a shot.


dgnx6
LSU Fan
Baton Rouge
Member since Feb 2006
23304 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
Lawyer says never blow. I didnt. never lost my license, got charged with reckless op. only evidence they had was the cop saying he smelled alcohol.


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dgnx6
LSU Fan
Baton Rouge
Member since Feb 2006
23304 posts

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

If you are drunk, then you deserve what you are about to get



they can still take you to jail for blowing under the legal limit.


The Dude's Rug
LSU Fan
Gerdzfa
Member since Nov 2004
9455 posts

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

they can still take you to jail for blowing under the legal limit.



Golfer
LSU Fan
Member since Nov 2005
60062 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
You can be arrested for anything these days. It's fricking stupid.


The Dude's Rug
LSU Fan
Gerdzfa
Member since Nov 2004
9455 posts

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

You can be arrested for anything these days

Care to explain?


Paul Allen
Notre Dame Fan
Baton Rouge, LA
Member since Nov 2007
33846 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
It's a crazy idea. Would not fit in with south Louisiana culture.

Sad but true...
This post was edited on 7/27 at 8:59 pm


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tigafan89
LSU Fan
Baton Rouge
Member since Aug 2009
1339 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
We are becoming a police state. The Patriot Act gives government way too much power over you.
This post was edited on 7/27 at 9:04 pm


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RD Dawg
Georgia Fan
Atlanta
Member since Sep 2012
2973 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
Huh? You get 10 days request an administrative hearing and many times the officer doesn't show up.Your license is not "automatically suspended". You just have to write a letter of appeal within the 10 days.

Very hard to convict without FST or BAL evidence but they have started to request for bloodwork...very hard to get around.


Golfer
LSU Fan
Member since Nov 2005
60062 posts

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

Care to explain?



Justification for an arrest is based on the officer's discretion of a law.


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20MuleTeam
LSU Fan
West Hartford
Member since Sep 2012
2114 posts

re: Pros and Cons of refusing the breathalyzer on a DUI stop
Depends on the state in most states these days what you is far from correct


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LouisianaLady
USA Fan
Baton Rouge, LA
Member since Mar 2009
63324 posts

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

Care to explain?


Well for one, exercising your right to refuse to blow shouldn't land you in jail. I understand why it can result in a suspended license (DMV/license wise) but spending jail time and being arrested? Ridiculous.


SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
311054 posts
Online

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

Care to explain?

the limit is only a presumption that you're drunk

and you can blow a 0.0 and still get arrested for DWI. they'll claim they smelled weed most likely, and claim you were high, not drunk. sometimes around here they'll claim you were on pills


SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
311054 posts
Online

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

Huh? You get 10 days request an administrative hearing and many times the officer doesn't show up.Y

last i heard they don't even subpoena officers anymore and there is no "showing up" necessary


SabiDojo
South Alabama Fan
Open to any suggestions.
Member since Nov 2010
52408 posts

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

Well for one, exercising your right to refuse to blow shouldn't land you in jail. I understand why it can result in a suspended license (DMV/license wise) but spending jail time and being arrested? Ridiculous.



The reason they arrest you is not because you refused to blow. They say, "The suspect had red eyes, slurred speech, and was driving recklessly."



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