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re: Would you refuse a breathalyzer?
Posted on 9/12/21 at 6:07 pm to LSUwag
Posted on 9/12/21 at 6:07 pm to LSUwag
In Louisiana, if you refuse the breathalyzer a search warrant will be drafted and submitted to a judge for a sample of your blood. Either way, the officer is getting the evidence.
If you refuse, your license will be suspended for a year automatically. no matter if you're found guilty or not. You still refused the breathalyzer so your license will be suspended. This is because of the implied consent law (when you sign your name on your driver's license you are agreeing to consent to chemical tests when asked to do so by a police officer). If you take the test and blow over a .08, your license will be suspended for only 90 days. the penalties increase as your BAC rises.
If you refuse, your license will be suspended for a year automatically. no matter if you're found guilty or not. You still refused the breathalyzer so your license will be suspended. This is because of the implied consent law (when you sign your name on your driver's license you are agreeing to consent to chemical tests when asked to do so by a police officer). If you take the test and blow over a .08, your license will be suspended for only 90 days. the penalties increase as your BAC rises.
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Posted on 9/12/21 at 6:09 pm to rebel cat
I don't agree with it, but I know some lawyers are able to get their clients off because they "were not of right mind to consent" if they're intoxicated and agreed to testing. Same kind of thing that happens in rape cases.
Posted on 9/12/21 at 6:20 pm to rebel cat
It seems like the penalty for refusing the breathalyzer is nearly as bad as if you were to blow and be convicted 
Posted on 9/12/21 at 7:04 pm to rebel cat
I have breathalyzer I bought on line. It's been very good at giving the heads up on my condition.
Posted on 9/13/21 at 10:02 am to RogerTheShrubber
quote:
How old are you, baw?
Close to 30.
Posted on 9/13/21 at 10:47 am to rebel cat
I would seriously consider demanding they draw blood instead.
I don’t drink but the thresholds for DUI are so low, combined with how inaccurate breathalyzers are, that the likelihood of a false positive is high.
If the DUI level is 0.07 and the accuracy of a breathalyzer is consider to be plus or minus 0.05, that is a pretty damn small margin between going free and getting popped even if you have had nothing more than trace amounts of alcohol.
I don’t drink but the thresholds for DUI are so low, combined with how inaccurate breathalyzers are, that the likelihood of a false positive is high.
If the DUI level is 0.07 and the accuracy of a breathalyzer is consider to be plus or minus 0.05, that is a pretty damn small margin between going free and getting popped even if you have had nothing more than trace amounts of alcohol.
Posted on 9/13/21 at 11:31 am to teke184
I blew the one in the field. The officer never told me what I blew. Took me to jail, and I didn’t blow in that one. Lawyer said it would have been better to blow in it because he could fight the calibration dates.
Case was thrown out, because the cop lied several times under oath. He even told the judge he towed my truck. Yea, I was arrested in my driveway by the way.
Edit: it was 2 cops and one admitted I shouldn’t have been arrested. One of the arguments was the cop could remember my eyes being bloodshot, but couldn’t remember the color of my eyes.
Case was thrown out, because the cop lied several times under oath. He even told the judge he towed my truck. Yea, I was arrested in my driveway by the way.
Edit: it was 2 cops and one admitted I shouldn’t have been arrested. One of the arguments was the cop could remember my eyes being bloodshot, but couldn’t remember the color of my eyes.
This post was edited on 9/13/21 at 11:41 am
Posted on 9/13/21 at 12:08 pm to LSU alum wannabe
quote:
I probably would lose my shite.
The thing I can't understand is why is someone drinking and driving/boating in the first place?
Let's forget about hurting other people. Because people don't avoid drunk driving because they are afraid of hurting others. They avoid drunk driving because of the consequences.
From a risk/reward standpoint, the penalty for drinking and driving and the hassle you have to go through, even if you aren't drunk, is not at all equal. I can't see one reason to drink alcohol and then operate a motor vehicle. The risk is just too great. My mom has done it hundreds of times and been caught (officially now) twice. And she keeps getting away with it, so she will keep doing it. If you are caught driving drunk, and faithfully convicted, you should never be able to legally operate a motor vehicle again.
Does 2-3 beers enhance the joy of taking the boat out so much that you can't just go without it, and enjoy the alcohol another time?
People say the "I don't even know how I got home I was so drunk" thing so often, and it blows my mind because it's one of the easiest decisions I've ever made. The only way I could see it being worth it is if I just had to have a drink, and I also HAD to get somewhere, and not being able to go without the drink in that scenario is called being an alcoholic.
And it's scary how many people in this thread are looking at it like its something normal. Because it super isn't.
Posted on 9/13/21 at 12:11 pm to Spankum
quote:
It seems like the penalty for refusing the breathalyzer is nearly as bad as if you were to blow and be convicted
It is and that’s the point of it being so. Long gone are the days of simply refusing to blow and having an easy win in court.
You’re almost pleading guilty on the side of the road.
Posted on 9/13/21 at 12:25 pm to teke184
Presently, Utah has a .05 BAC limitation that was passed into state legislation back in 2018.
It would be interesting to see if arrest numbers increased as a result of lowering the BAC level. Potentially, an average male weighing 170 lbs could be over the legal limit to drive after 2 beers over the span of an hour at .05
It would be interesting to see if arrest numbers increased as a result of lowering the BAC level. Potentially, an average male weighing 170 lbs could be over the legal limit to drive after 2 beers over the span of an hour at .05
Posted on 9/13/21 at 1:06 pm to rebel cat
Don’t waive your 4th Amendment rights people.
Posted on 9/13/21 at 1:26 pm to rebel cat
Don't take the field sobriety tests either.
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