re: My first encounter with an a-hole cop

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And last, with the implied consent law if you drive a motor vehicle on the public roads you have given consent to perform the SFST and Inyoxilyzer test. If you refuse, you are backing out on the deal you made with the state when you decided to drive on the public roads, therefore a refusal has penalties.

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I don't doubt you and have seen this referenced before. Could you point me to the specific wording of this "deal" that was made? Was it a document that was signed or is the specific wording of a revised statute? Just curious where this comes from.

I looked it up myself and you are partially correct.

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And last, with the implied consent law if you drive a motor vehicle on the public roads you have given consent to perform the SFST and Inyoxilyzer test. If you refuse, you are backing out on the deal you made with the state when you decided to drive on the public roads, therefore a refusal has penalties

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The law states that you only have to submit to a breathalyzer or blood test. It doesn't mention a field sobriety test or the flashlight to the eyes test or anything else, just the "chemical" test.

The law...

PART XIV. TESTS FOR SUSPECTED DRUNKEN DRIVERS
§661. Operating a vehicle under the influence of alcoholic beverages or illegal substance or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
A.(1) Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
(2)(a) The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person, regardless of age, to have been driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964. The law enforcement agency by which such officer is employed shall designate in writing and under what conditions which of the aforesaid tests shall be administered.

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Actually. If you refuse a breathalyzer, reguardless of the reason it’s being administered and what you ultimately get charged with, you will immediately loose your liscense for 1 year from that date

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Don't spout off lies

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Not a cop but I do work in a law profession. Let me tell you, there are WAYYYYYY more dumbass "lawyers" in this state who passed the bar by the skin of their teeth then there are a-hole cops. That makes this thread even better when 85% of the responses are "I'll talk to my lawyer about the mean cop".

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Sorry, but any lawyer in the state that passed the bar no matter how low the score still knows more law than any cop in the state that is not a lawyer.

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Any person...shall be deemed to have given consent...to a chemical test or tests of his blood...for the purpose of determining the alcoholic content of his blood...if arrested for any offense arising out of acts alleged to have been committed while the person was driving

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Implied consent happens after you’ve been arrested for DWI.

Cops can’t force you to give blood and then arrest you.

And more legal stuff for the OP:

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(a) Except as provided in Subparagraph (d), if the person had a blood alcohol concentration at that time 0.05 percent or less by weight, it shall be presumed that the person was not under the influence of alcoholic beverages.

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Don't spout off lies

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Dude,

If you don’t blow, you loose it for a year. Reguardless if they draw blood after refusal and it comes back negative. Like mentioned earlier, you can file an appeal on this. But I’m not sure if the criteria and how that would go. Something tells me that you would still serve the suspension for refusal. Not because of the level or lack there of, but that you refused

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buttttt, if I have a question related to the louisiana criminal code and how it is applied, I'm calling a seasoned officer over a defense attorney

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Are you saying you would take advice from a police officer over a criminal defense attorney? No offense, but that's a terrible idea.

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Tygerfan

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You were a cop though, right? I thought I remember you being NOPD. I could very well be completely mistaken.

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I one had a friend who is a cop tell me to keep a small unopened bottle of booze in the pocket on my door panel. If you get pulled over and you have been drinking, pull that bottle out, open it and chug it. No way for them to prove you were drinking prior to getting pulled over.


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Onelochevy

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If he actually believes this he has to be the dumbest bastard on this site, and that says a lot !