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re: Let's settle this once and for all- should you blow if you're pulled over for DUI?
Posted on 12/10/17 at 5:54 pm to GreatLakesTiger24
Posted on 12/10/17 at 5:54 pm to GreatLakesTiger24
Never blow. You're volunteering evidence against yourself.
Anyone that answers otherwise is a dummy.
Anyone that answers otherwise is a dummy.
1
Posted on 12/10/17 at 5:54 pm to GreatLakesTiger24
The answer used to be always no, that’s not really the case anymore that they can get your blood
Posted on 12/10/17 at 5:57 pm to Deactived
quote:
its a grey area
if you refuse to blow, you lose your license for the year. you go to court and figure out the whole deal. i assume its dependent on you fighting it in court. by video of the stop, if a judge deems you innocent, i would imagine the 1 year suspension is lifted. (lawyers here hopefully can answer that)
ill take not having a license over a year versus a criminal conviction on my record
Does Louisiana have automatic license revocation hearings?
Posted on 12/10/17 at 5:58 pm to bee Rye
quote:
The answer used to be always no, that’s not really the case anymore that they can get your blood
Disagree. The law enforcement official they pulls you over is asking you to volunteer. When you say no, a warrant needs to still be signed by a judge in order to draw blood or breath test at the station.
Posted on 12/10/17 at 5:59 pm to GreatLakesTiger24
Louisiana has such lax and non give a shite laws regarding DUIs so blow if you want. You'll be back on the street in no time. I read articles on this forum weekly of people getting their 8th, 9th, 10th dwi so apparently it's not a big deal.
Posted on 12/10/17 at 5:59 pm to The Hurricane
quote:
Don’t blow. Easier to work with city attorney when they don’t have hard proof.
No evidence until shortly after when they take a blood sample.
Posted on 12/10/17 at 6:03 pm to GreatLakesTiger24
Never blow. Take the 6 month suspension for not blowing and request a hardship license to allow you to drive to work.
Posted on 12/10/17 at 6:03 pm to AMS
quote:
Well if you get pulled over and are suspicious, your're going to jail that night either way.
This. In Florida there are no roadside breathalyzers, it is done at the station. If a cop pulls you over, does the field sobriety tests and takes you back to the station, you are going to jail period. The cop is invested at that point.
As i stated in the other thread, I passed all the field sobriety tests (performed to standard) except the eye test. Cop took me to a station that wasn't his station but was only a mile or two from where he pulled me over and asked if he could use their machine. Started filling out the paperwork while the machine warmed up or whatever it does to get ready. I blew just under the limit. Cop said, well you might have been just over the limit when I pulled you over and proceeded to write up the tickets then have me transported to jail.
Obviously I hired an attorney and the judge probably would have thrown out the case entirely but the prosecutor/attorney had already offered me a $500 fine for reckless, 1 MADD panel. Bail was $500 so it was a wash there. They kept the $500, i went to 1 MADD panel.
Still pisses me off and I wish I hadn't even taken the reckless. It was gonna get tossed out anyway.
Point is, if you go back to the station and blow doesn't matter whether or not you blow under the limit. Cop has invested his time and wants a return on it.
This post was edited on 12/10/17 at 6:05 pm
Posted on 12/10/17 at 6:04 pm to ThatMakesSense
quote:
automatic license revocation hearings?
after the fact? i dont know.
i dont risk it. i uber or get my gf to drive me
Posted on 12/10/17 at 6:06 pm to achenator
quote:
He can bring you in anyway if he thinks you failed field sobriety
Yeah dude, that's what I said.
Posted on 12/10/17 at 6:07 pm to GreatLakesTiger24
The only question here is do you want to help build a case against yourself?
Posted on 12/10/17 at 6:10 pm to GreatLakesTiger24
Just don't drink and drive.
Then you will never have to ponder this question.
Then you will never have to ponder this question.
Posted on 12/10/17 at 6:11 pm to foshizzle
What if I forgot I used mouthwash 2 minutes prior?
Posted on 12/10/17 at 6:13 pm to Deactived
quote:
after the fact? i dont know.
ALR hearing is concurrent with your charge date in Texas.
If you refuse, it's an automatic suspension, depending on what your BAC comes back as. Above .15 it's a 2 year suspension, but..
If you file an appeal within 15 days of your date of arrest, it goes to a hearing, which could take up to 12 months to happen.
If you don't file for an appeal, your license begins the automatic suspension, 40 days after your date of arrest.
It's basically a stop loss on your license being suspended for a time.
At the hearing, you can subpoena the arresting officer, if he's a no show, your license is clear and free. Works best with State Troopers as they can be called anywhere in the state at different times.
Posted on 12/10/17 at 6:15 pm to GreatLakesTiger24
Never blow, never do FST. If the officer asks you out of your vehicle, they already have decided. At that point they are just gathering evidence. That is the answer to the op, the real answer is don't drink and drive.
Posted on 12/10/17 at 6:18 pm to Deactived
Never blow
Any lawyer worth a shite is getting your license back if you work or go to school
Any lawyer worth a shite is getting your license back if you work or go to school
Posted on 12/10/17 at 6:19 pm to GreatLakesTiger24
No.
Posted on 12/10/17 at 6:19 pm to GreatLakesTiger24
One thing I learned from Live PD is that no one actually has drivers licenses anyway so don't blow no matter what
Posted on 12/10/17 at 6:19 pm to Deactived
Yes. A good lawyer beats the charge your license gets reinstated.
Now they are getting warrants to draw blood. In that case you are fricked.
The thing is. When you commit as crime, the less evidence you give to convict yourself the better.
Also odds are on your favor that you won't get pulled over in a year.
Then....
Another thing a lawyer CAN do is get a "driving with suspended license" ticket reduced to "driving with no license on person" which is about a $175.
So my illegal advice is.
Don't blow and drive with a suspended license.
Final answer.
Now they are getting warrants to draw blood. In that case you are fricked.
The thing is. When you commit as crime, the less evidence you give to convict yourself the better.
Also odds are on your favor that you won't get pulled over in a year.
Then....
Another thing a lawyer CAN do is get a "driving with suspended license" ticket reduced to "driving with no license on person" which is about a $175.
So my illegal advice is.
Don't blow and drive with a suspended license.
Final answer.
Posted on 12/10/17 at 6:23 pm to MikeAV8s
quote:
Never blow, never do FST. If the officer asks you out of your vehicle, they already have decided. At that point they are just gathering evidence. That is the answer to the op, the real answer is don't drink and drive.
What if you have had zero to drink and are not on any drugs, just tired? I had a friend stopped on the causeway in the middle of the night coming home from work really late. 0 to drink and I'd bet my children he doesn't do drugs. Officer said he failed FST took him in and he blow 0.0 and I think a drug test? Charges eventually all dropped but a huge headache and $$
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