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Posted on 5/5/23 at 1:24 am to VictoryHill
quote:
You can refuse and the police can get a warrant for a blood draw. Either way, you lose.
If you haven’t been drinking and they draw blood how can you lose?
Posted on 5/5/23 at 6:38 am to Bow dude72
Don’t take the field tests but make it seem like you might want to but have reservations based on medical reasons. Ask if your performance can be affected by medical conditions. When he asks what condition you have, say something like your ears have been clogged up because of seasonal allergies but you have other conditions that you don’t want to share because the bodycam footage will become a public record and you don’t want your medical information to be freely available to the public.
I was with a friend who got pulled over by a State Trooper in Mandeville. The driver was totally sober but some passengers were drinking beers. Calm down, this was the late 1970’s so that was legal. Anyway, the Trooper was demonstrating the heel to toe test using the white line on the side of the highway as a guide. Typical LA road was in bad condition and his foot slipped where the edge of the road dropped off several inches. The Trooper went down to his knee and I’m pretty sure he was sober.
I was with a friend who got pulled over by a State Trooper in Mandeville. The driver was totally sober but some passengers were drinking beers. Calm down, this was the late 1970’s so that was legal. Anyway, the Trooper was demonstrating the heel to toe test using the white line on the side of the highway as a guide. Typical LA road was in bad condition and his foot slipped where the edge of the road dropped off several inches. The Trooper went down to his knee and I’m pretty sure he was sober.
Posted on 5/5/23 at 6:40 am to coonass27
quote:
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.
He’s going to arrest you anyway if that’s the case. By refusing field sobriety you’re denying him evidence he would use in his report
Posted on 5/5/23 at 6:47 am to tigerinthebueche
quote:
Oh and driving drunk is trashy AF.
Call me extreme, but I wouldn't mind leaving drunks who drive on an island somewhere in the middle of the pacific.
Posted on 5/5/23 at 6:48 am to Joshjrn
What about refusing a breathalyzer and the license suspension? Doesn't one get it reinstated for necessary travel such as to and from work? How beneficial is it to refuse only to be forced to give blood? Is the time from refusal of breathalyzer to blood draw usually long enough to significantly reduce BAL?
Posted on 5/5/23 at 6:51 am to grizzlylongcut
quote:
I have never heard of anyone actually “passing” it.
Me. 1990 was pretty buzzed driving home from Mardi Gras. It was late and I think the cop just wanted to go home too
Posted on 5/5/23 at 6:52 am to Bow dude72
you have the right to refuse any sobriety check in GA but they will treat that as an admission of guilt and take your license for a year. They call it "the hard 12"...as in months.
But some states have started putting agreeable judges on speed dial to issue warrants any time of day to compel you for a blood test.
If you are involved in an accident and were operating a commercial vehicle then you will be taken by the GSP to closest hospital and be forced to give blood that will be checked for intoxicants.
But some states have started putting agreeable judges on speed dial to issue warrants any time of day to compel you for a blood test.
If you are involved in an accident and were operating a commercial vehicle then you will be taken by the GSP to closest hospital and be forced to give blood that will be checked for intoxicants.
Posted on 5/5/23 at 6:55 am to Bow dude72
Yes but your not going straight home after refusing. You'll go to intake and holding while the police get a court ordered blood test.
If you don't have anywhere to be for a few hours then by all means refuse.
If you don't have anywhere to be for a few hours then by all means refuse.
Posted on 5/5/23 at 6:57 am to dwr353
Agreed. Plus if they blow 000 doesnt mean they arent under the influence of something else. You ever cut anyone loose for 0? Or under .08?
Posted on 5/5/23 at 6:59 am to dwr353
quote:
Correct. I always had enough evidence for a conviction before the subject ever took a test. I wrote my arrest report with enough observations, smell of alcohol, slurred speech, redness of eyes, impeded balance, etc. The test results if taken were just gravy. In 20 years with LSP I had zero cases found not guilty relating to a DWI arrest.
That’s more of an indictment of this state and the way it operates than anything else, Mr. Human Breathalyzer.
Posted on 5/5/23 at 7:05 am to Bow dude72
Don't do the field sobriety test especially at night. The whole purpose of that test with the bright lights in your eyes from the cruiser is to disorient you . There was a test done on the process and it showed that something like 28% of sober people who tried to walk the line or had the officer do the follow with your eyes thing were tagged on suspicion.
Don't ever take the breathalyzer even if stone cold sober. They are probably one of the most unreliable tools around. They should be calibrated daily...they are not.
Don't ever take the breathalyzer even if stone cold sober. They are probably one of the most unreliable tools around. They should be calibrated daily...they are not.
Posted on 5/5/23 at 7:12 am to Spankum
Seems like a lot of thought for a few beers and driving. Just stay home or make you moma drive
Posted on 5/5/23 at 7:32 am to Joshjrn
quote:
Sober people should blow; no one should do SFST.
Well it should be be if you have had zero drinks you should go ahead and blow.
But cigarettes can set the breathalyzer off that if you are under age an in a zero tolerance state, congrats you failed the breathalyzer.
Also there is a dui or dwi less safe. The cop can take you to jail even passing the breathalyzer if you are deemed unfit to drive. Im assuming this could be intoxicated on other things not alcohol.
On another note for Louisiana, if you just refuse everything you will lose your license. But you can apply for a hardship and will prob have a breathalyzer in your vehicle for 1-2 years.
Posted on 5/5/23 at 7:37 am to dwr353
quote:
Correct. I always had enough evidence for a conviction before the subject ever took a test. I wrote my arrest report with enough observations, smell of alcohol, slurred speech, redness of eyes, impeded balance, etc. The test results if taken were just gravy. In 20 years with LSP I had zero cases found not guilty relating to a DWI arrest. Had one case dismissed for a suspended license because DMV failed to send documentation. That was not on me. Judge even stated that in court. The most important thing I learned was never lie under oath. Once you lose credibility, you are done. I was never disrespected by a defense attorney in my years and actually got along well with them. They had a job to do and I had mine.
Lucky for me Alex Wall saw rt through my lying piece of shite officer that falsified his report.
Posted on 5/5/23 at 7:54 am to Bow dude72
Never take a field sobriety test (they’re designed to be almost impossible for anyone to pass), and never consent to a breathalyzer. Make them blood test you. Why? Because the legal limit on BAC is .08, and a standard issue breathalyzer can have a margin of error of up to .05. You can easily be at .03 after one drink, and then blow a .08 despite not being impaired at all.
DUI enforcement is a complete farce. It’s nothing more than highway robbery disguised as public safety. We need to get drunks off of the road, but our current DUI enforcement mechanisms are a pure cash/power grab by LEOs.
DUI enforcement is a complete farce. It’s nothing more than highway robbery disguised as public safety. We need to get drunks off of the road, but our current DUI enforcement mechanisms are a pure cash/power grab by LEOs.
This post was edited on 5/5/23 at 7:57 am
Posted on 5/5/23 at 7:59 am to kingbob
never submit to anything, yes, in most states you agree that refusal to submit results in a suspension in order to get a license but that’s better than a DUI, half the guys in my frat are lawyers/judges and they all give that advice
Posted on 5/5/23 at 8:05 am to 777Tiger
And then call Glenn Dellatte.
Posted on 5/5/23 at 8:08 am to Bow dude72
As a kid, 19 or so got pulled over at around 4:00 a.m. for swerving driving down to Fourchon. Told the cop I was heading to the heliports and was driving all night and got drowsy. He did the field sobriety on me. Passed. He let me go and advised stop at the next convenience store and get some coffee.
Posted on 5/5/23 at 8:15 am to dwr353
quote:
I always had enough evidence for a conviction before the subject ever took a test. I wrote my arrest report with enough observations, smell of alcohol, slurred speech, redness of eyes, impeded balance, etc.
quote:
evidence
Unfortunately for the public, that “evidence” is open to interpretation or even complete falsification by the officer.
After seeing that video of the football player who was dead sober and got arrested for DUI (then released at the station when another officer had some sense) I’m inclined to believe this “evidence” is often bullshite.
Cop says he smells alcohol on kid’s breath and uses that as grounds to perform a field sobriety test. Kid fails FST then blows .000. Cop pivots to “you must be high.”
IMO, if a cop uses the “smell of alcohol” as grounds for further questioning/arrest and then subject blows .000, they should be barred from ever using “smell of alcohol” as evidence ever again.
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