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In Louisiana, do you have the right to refuse a field sobriety test?
Posted on 5/4/23 at 8:52 pm
Posted on 5/4/23 at 8:52 pm
The cop told a friend that he would if he refuses the field sobriety test he would lose his license for a year. I can maybe understand refusing the breatheluzer..
I use Uber any time I plan on drinking.
I use Uber any time I plan on drinking.
This post was edited on 5/4/23 at 8:56 pm
28
Posted on 5/4/23 at 8:53 pm to Bow dude72
I think refusal is an automatic license suspension.
I only get drunk at home now so I don’t need to worry about this shite.
Oh and driving drunk is trashy AF.
I only get drunk at home now so I don’t need to worry about this shite.
Oh and driving drunk is trashy AF.
This post was edited on 5/4/23 at 8:55 pm
Posted on 5/4/23 at 8:54 pm to Bow dude72
quote:
The cop told a friend that he would if GE refuses the field sobriety
Why would General Electric refuse a field sobriety test?
Posted on 5/4/23 at 8:54 pm to Bow dude72
quote:
breatheluzer
Never blow a Breatheluzer.
Posted on 5/4/23 at 8:57 pm to Bow dude72
The cop lied to your friend. Cops routinely lie to people that they pull over. The whole point of them administering field sobriety tests is to build a case against you. Now if you refuse a breathalyzer, many jurisdictions will seek a warrant for a blood draw. If you refuse the breathalyzer, in many states, yes you will lose your license for one year, if it’s a first offense, however if you blow, it’s much more difficult for your attorney to get you off or lessen the severity of the charge.
This post was edited on 5/4/23 at 9:32 pm
Posted on 5/4/23 at 8:57 pm to Ghost of Colby
Yea I don’t have my glasses on I’m an old man.. I was always told the field sobriety test is a case builder to add to the positive breath test.
Posted on 5/4/23 at 8:59 pm to Bow dude72
Never, ever, ever do Standard Field Sobriety. Never. There is literally no circumstance in which it's in your best interest to do so. Dead sober, dead drunk, anywhere in between. Doesn't matter. Don't do it.
And no, there is zero repercussion for refusing SFST.
And no, there is zero repercussion for refusing SFST.
This post was edited on 5/4/23 at 10:25 pm
Posted on 5/4/23 at 9:01 pm to Ghost of Colby
If you don’t blow then you give your attorney a shot at getting you off and say they were unjustified in pulling you over. That’s the only way you don’t lose your license. If the cop was justified in pulling you over you are SOL.
Posted on 5/4/23 at 9:15 pm to Bow dude72
quote:
In Louisiana, do you have the right to refuse a field sobriety test?
Yes, you have that right, you’ll get a suspended license but will have a stronger case in court. Rule of thumb is to never ever take a field sobriety test and refuse the breathalyzer if you’ve had anything to drink. Stone sober people “fail” field sobriety tests all the time. They’re very inaccurate and completely subjective. Once a cop has it in his mind you’ve been drinking, and you do a field sobriety test, you’re going to fail. I have never heard of anyone actually “passing” it.
Never, under any circumstances, admit to drinking and never do a field sobriety test. The only one I’d allow them to do is a breathalyzer and that is strictly if I have not had a drink at all.
This post was edited on 5/4/23 at 9:21 pm
Posted on 5/4/23 at 9:16 pm to Bow dude72
You can refuse and the police can get a warrant for a blood draw. Either way, you lose.
Posted on 5/4/23 at 9:19 pm to Breauxsif
quote:
Now if you refuse a breathalyzer, many jurisdictions will seek a warrant for a blood draw.
They only do this if there is an accident with injuries.
If you refuse to blow in LA it’s an arrest and 6 month suspension of your driving privileges.
Posted on 5/4/23 at 9:19 pm to Bow dude72
If you drinking don't do do either one. I don't care what a cop says. All you have to tell them is, attorney!
Posted on 5/4/23 at 9:20 pm to Bow dude72
You have a right to protect yourself from self-incrimination, that includes a field sobriety test. You may get a suspended license, but a DWI or DUI could be much more costly. I don't know the odds on getting your license reinstated early, but I'd imagine it's possible if they can't nail you with another offense.
Posted on 5/4/23 at 9:21 pm to lsufan1971
quote:
They only do this if there is an accident with injuries.
They (technically, though I still think it's bullshite) don't need a warrant for a blood draw if there is an accident that results in serious bodily injury or death.
Posted on 5/4/23 at 9:26 pm to Joshjrn
quote:
They (technically, though I still think it's bullshite) don't need a warrant for a blood draw if there is an accident that results in serious bodily injury or death.
Take it they can, if they can use it is TBD
Posted on 5/4/23 at 9:27 pm to Texastiger43
This is correct. But it’s a little more detailed than that. And first and foremost. Don’t drink and drive.
But they way it works is If you are pulled over and a cop has suspicion. (Either smells it on you, thinks your sluring, or just wants to be a dick) and ask you to do a field sobriety test, you refuse. He can arrest you and charge you with dui and you loose your liscense immediately for a year. The cop didn’t lie, he just didn’t tell the entire truth and left out the other parts.
Cops will say if you take it (and or blow after) as the breathalyzer will almost always follow a field test regardless of how straight you walk) and pass you can go. If you fail, you loose your license 30 days after for 3 or 6 months. I can’t remember. If you refuse, you get arrested and will loose your license immediately for a year. That’s the law they have on the books.
What he leaves out is you can be charged and taken to jail, but your lawyer can appeal the suspension and dui and unless there is damn good compelling evidence that you were drunk, you will win and the case will be reduced down and your license will be re instated.
That’s why people say never blow and never agree to a field test. They have no proof.
Now where it gets cloudy is that if you are in a non refusal parish, they will get a warrant and get your blood to test it. Only option you have here is hope that the time between you getting arrested and then getting the warrant and taking your sample is enough to sober up to be below the legal limit. Not a lot to get around that unless the cops screw up and can get the case thrown out but that is hard to do.
Also one more food for thought item, the suspension of your license and your dui are
2 different things tied together. You could refuse and the next day the DUI is thrown out. You still have to appeal through the dmv to get your license back. The dismissal of the dui through the court has no bearing on your suspension.
At the end of it all, it’s a huge money maker and you will wind up paying a good bit regardless. For hundreds of reasons to not drink and drive. That’s just one.
But they way it works is If you are pulled over and a cop has suspicion. (Either smells it on you, thinks your sluring, or just wants to be a dick) and ask you to do a field sobriety test, you refuse. He can arrest you and charge you with dui and you loose your liscense immediately for a year. The cop didn’t lie, he just didn’t tell the entire truth and left out the other parts.
Cops will say if you take it (and or blow after) as the breathalyzer will almost always follow a field test regardless of how straight you walk) and pass you can go. If you fail, you loose your license 30 days after for 3 or 6 months. I can’t remember. If you refuse, you get arrested and will loose your license immediately for a year. That’s the law they have on the books.
What he leaves out is you can be charged and taken to jail, but your lawyer can appeal the suspension and dui and unless there is damn good compelling evidence that you were drunk, you will win and the case will be reduced down and your license will be re instated.
That’s why people say never blow and never agree to a field test. They have no proof.
Now where it gets cloudy is that if you are in a non refusal parish, they will get a warrant and get your blood to test it. Only option you have here is hope that the time between you getting arrested and then getting the warrant and taking your sample is enough to sober up to be below the legal limit. Not a lot to get around that unless the cops screw up and can get the case thrown out but that is hard to do.
Also one more food for thought item, the suspension of your license and your dui are
2 different things tied together. You could refuse and the next day the DUI is thrown out. You still have to appeal through the dmv to get your license back. The dismissal of the dui through the court has no bearing on your suspension.
At the end of it all, it’s a huge money maker and you will wind up paying a good bit regardless. For hundreds of reasons to not drink and drive. That’s just one.
Posted on 5/4/23 at 9:38 pm to Joshjrn
In EBRP, are they even booking people into the EBRPP for DWI? EBRSO wrote a summons to appear in court for BRPD cop Markeith Hatfield for DWI, in the Whataburger parking lot several weeks ago. I’d imagine they are, at least, required to tow the vehicle after a DWI stop.
Posted on 5/4/23 at 9:43 pm to Bow dude72
Posted on 5/4/23 at 9:45 pm to Breauxsif
quote:
In EBRP, are they even booking people into the EBRPP for DWI?
Yep, up to the officer.
quote:
I’d imagine they are, at least, required to tow the vehicle after a DWI stop.
The person (obviously) isn't allowed to leave in the vehicle either way. Up to the officer's discretion as to whether the vehicle should be towed (fairly uncommon), released to someone else at the request of the owner/operator, or can simply be left where it is.
Posted on 5/4/23 at 9:47 pm to Bow dude72
Is anyone that has posted in this thread an actual attorney with knowledge of the laws concerning this?
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