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Started By
Message
re: In Louisiana, do you have the right to refuse a field sobriety test?
Posted on 5/5/23 at 8:21 am to Bow dude72
Posted on 5/5/23 at 8:21 am to Bow dude72
Don't drink and drive. Ever.
0
Posted on 5/5/23 at 8:24 am to Bow dude72
I had to do one probably about 12 years ago. I was in Lafayette and my phone slid across my truck and as I went to grab it, I swerved. Cop thought he had a drunk driver. There were FOUR Lafayette PD units that showed up to assist.
The cops must have asked me how much I had to drink about 10 times. I passed the test, blew 0.0 on the breathalyzer, they used another breathalyzer, blew 0.0. on that one too. They finally let me go after being there for well over an hour.
The cops must have asked me how much I had to drink about 10 times. I passed the test, blew 0.0 on the breathalyzer, they used another breathalyzer, blew 0.0. on that one too. They finally let me go after being there for well over an hour.
Posted on 5/5/23 at 8:24 am to 92Tiger
You can refuse a field sobriety test. If you do, legally there should be no consequences. That's your right. Practically, the police officer will probably arrest you for DWI.
If you refuse a blood, urine or breath test, that's whole other kettle of fish. If you are operating a vehicle on a state (or interstate) road, you have given your implied consent to take those tests if the officer suspects you of driving while intoxicated. Refusal of any of those results in a suspension of your license.
If you refuse a blood, urine or breath test, that's whole other kettle of fish. If you are operating a vehicle on a state (or interstate) road, you have given your implied consent to take those tests if the officer suspects you of driving while intoxicated. Refusal of any of those results in a suspension of your license.
Posted on 5/5/23 at 8:53 am to Bow dude72
If you blow, they have evidence to us against you
Posted on 5/5/23 at 9:27 am to Jake88
Yes, time from refusal to blood draw can be significant. Likely hours. He calls his supervisor to get direction, you chug a water bottle or something. The hearing fee at the dmv is so minimal compared to the DUI fines that for me the risk is overwhelmingly insane to take a breathalyzer. But do be mindful that Louisiana has a 3 strike rule on breathalyzer refusals, third refusal is a crime not an administrative issue.
Moral of the story, don’t drink and drive but if you do, then pull the medical card and refuse the breathalyzer. Your lawyer will probably thank you for making their life easier instead of them having to try and argue that the breathalyzer was so broken it made you blow a 0.28.
quote:
A driver who refuses testing and has either two prior refusals or causes a fatality or serious bodily injury may face criminal charges. For a conviction, the driver is looking at: $300 to $1,000 in fines, and ten days to six months in jail.
quote:
A second or subsequent test refusal within ten years will result in a two-year license suspension.
Moral of the story, don’t drink and drive but if you do, then pull the medical card and refuse the breathalyzer. Your lawyer will probably thank you for making their life easier instead of them having to try and argue that the breathalyzer was so broken it made you blow a 0.28.
Posted on 5/5/23 at 9:31 am to dgnx6
I guess you missed the part where I stated to never lie in court. I was simply relating MY personal history regarding this topic. In MY case, I hated DWI arrests. Hours of time spent between testing, booking, paperwork, etc. I was lenient on marginal cases and gave many of those drivers the opportunity to switch drivers, go home, stop for a break, or park somewhere safe. I also did my job when it was obvious the driver was a danger to himself or others. I unfortunately saw the tragic results of accidents involving drunk drivers. As to what occurs now, I have no idea as I retired 28 years ago. Had enough of dealing with tragedy, death, courts, etc, all for terrible pay. Believe what you want.
Posted on 5/5/23 at 9:33 am to Bow dude72
DUI debate threads were a lot more common when I started posting here
Posted on 5/5/23 at 9:44 am to kingbob
quote:
We need to get drunks off of the road
If this was actually the goal then checks would be set up outside of bars at closing time...any guesses why this doesn't happen?
Posted on 5/5/23 at 9:44 am to GreatLakesTiger24
quote:
DUI debate threads were a lot more common when I started posting here
Average age of posters has increased to the point of maturity.
Posted on 5/5/23 at 9:45 am to dwr353
Agree with you 100%!
Posted on 5/5/23 at 9:50 am to Bow dude72
quote:
The cop told a friend that he would if GE refuses the field sobriety
quote:
the breatheluzer..
Are you sure you are asking about a friend?
Posted on 5/5/23 at 9:59 am to Jake88
quote:
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?
I don’t really like getting that deep into “how to”-esque instructions, but I’ll respond this way:
Yes, your license can be suspended. Yes, there are ways to remedy that. The human body processes alcohol at a rate of about .0175% BAC per hour.
Posted on 5/5/23 at 10:00 am to VictoryHill
quote:
You can refuse and the police can get a warrant for a blood draw. Either way, you lose.
False.
Posted on 5/5/23 at 11:39 am to LSU0358
quote:
any guesses why this doesn't happen?
This definitely does happen at a lot of places, especially on Burnside right by Park Place and on Perkins by The Bulldog.
Posted on 5/5/23 at 12:26 pm to grizzlylongcut
quote:
I have never heard of anyone actually “passing” it.
Maybe I got lucky but I got pulled over by Ivars one time. Was parking in front of a friends house on the street and cop thought I was drunk about to drive into a ditch.
Did a field sobriety thing where he had me close my eyes and tilt my head back then let us go. Luckily I'd only had 1 or 2 beers before that which is why I didn't sweat it.
Only dicey part was my sorostitute date freaking the frick out and the cop telling her to get back inside the car.
Posted on 5/5/23 at 12:42 pm to Bow dude72
You can refuse a SFST, but you must do a Breathalyzer. or you will lose your license.
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