Hello, my name is Chuck and I'm a criminal defense attorney in Louisiana and I've been a lurker on imgur for awhile. I know that a lot of people don't know a lot of important info about criminal laws and I just wanted to help provide some knowledge/tips.

Apr 13, 2018 11:00 PM

chuck247

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In Louisiana, you have the right to refuse the field sobriety test i.e. eye test, walk and turn and one leg stand. More importantly you have a right to refuse the Intox 5000 blow test, so don't give your rights away that the prosecutor will use to convict you or force you to plead.

In Louisiana, if you get a speeding ticket, it must be issued by a police officer, not a camera on a traffic light system or any where else. Motorist in most states are successfully suing cities, counties and parishes for using illegal camera systems to mail speeding tickets to motorist.

In Louisiana like most states, a police officer must have a legal search warrant with particular information where and what to search which must be correct and signed by a judge or valid(not via coerced or intimidated police tactics) consent of the property owner or legal tenant, not by visitors or guests.

If you get arrested for Domestic Battery you will need a lawyer as the sentencing requirements in Louisiana are getting more and more heavy. Also, it's important in these cases who initiated the physical element of the couple altercation.

If I get enough up votes on my post, I will continue to post free legal tips for your assistance and information. My email address is: [email protected] or mobile at 337-315-2350.

Thanks for checking out my first post!

Or just... don't break laws?

8 years ago | Likes 10 Dislikes 1

Can we get back to common sense? What reason would you refuse a breathalyzer? You were drinking. Is this not clear? Don't drink and drive!

8 years ago | Likes 5 Dislikes 0

Please do not help drunk drivers. They are total assholes and should be jailed on sight.

8 years ago | Likes 5 Dislikes 0

How about just don't drive drunk you assholes.

8 years ago | Likes 11 Dislikes 1

Uber!

8 years ago | Likes 3 Dislikes 6

Why are you telling people how to get away with drink driving?

8 years ago | Likes 7 Dislikes 1

Thanks dude. I live in LA.

8 years ago | Likes 5 Dislikes 0

my pleasure! #bettercallchuck

8 years ago | Likes 3 Dislikes 3

Can't refuse a blood warrant though. In any state. Stop drinking and driving. Easy concept.

8 years ago | Likes 4 Dislikes 0

Hi fellow louisianians!

8 years ago | Likes 6 Dislikes 1

greetings hommie!

8 years ago | Likes 6 Dislikes 4

if you drive drunk, i hope you wrap your car around a tree and don't take anyone else with you. >:[[[[[

8 years ago | Likes 4 Dislikes 0

downvote for posting business info, not for add's

8 years ago | Likes 11 Dislikes 3

At least @op is helping and not being an asshole

8 years ago | Likes 1 Dislikes 5

So what? He's making a difference

8 years ago | Likes 2 Dislikes 3

Thanks for your reply

8 years ago | Likes 4 Dislikes 10

Bad advice La is a complied consent state as well All they need is probable cause Guess who determines that Not you

8 years ago | Likes 3 Dislikes 0

That's an OMV issue! Not as to guilt or being innocent.

8 years ago | Likes 1 Dislikes 3

If you drive drunk, you don't deserve any protections from the law.

8 years ago | Likes 25 Dislikes 7

Remember we have Constitutional Rights most high, The Presumption of being Innocent and that the State has the burden of proof BARD

8 years ago | Likes 5 Dislikes 18

Side note, didn't you get your license suspended back in 2012?

8 years ago | Likes 2 Dislikes 0

I could be wrong, but aren't FSBs and alcosensors the tool used for the whole burden of proof thing?

8 years ago | Likes 7 Dislikes 0

In Georgia if you refuse you lose your license for 1 year Georgia is an implied consent state You give consent by just driving on the road

8 years ago | Likes 4 Dislikes 0

that's an OMV issue not the court proceedings in which refusing tests and questions will greatly help you at trial.

8 years ago | Likes 1 Dislikes 4

In Georgia No court No trial Refuse & license is automatically suspended

8 years ago | Likes 1 Dislikes 0

I hope you’re not one of those shister lawyers that gets clearly guilty drunks, who endanger lives, off on circumstance. If not, fuck you.

8 years ago | Likes 25 Dislikes 5

Dude he's a criminal defense attorney, that's his job is to be hired by those who are being prosecuted.

8 years ago | Likes 4 Dislikes 3

the State has the burden of proof to prove every element of a crime beyond a reasonable doubt and I kick the DA's ass it's not my problem!

8 years ago | Likes 12 Dislikes 28

And if you’re actually right then good for you. If not you’re like every other POS lawyer that pats their own back just because they won.

8 years ago | Likes 2 Dislikes 0

I hope he is. Those are my fav kind of attorneys

8 years ago | Likes 2 Dislikes 3

On many occasions I’ve seen families lives destroyed when a lawyer like that allows a drunk to stay on the road and kill people.

8 years ago | Likes 2 Dislikes 0

Then the prosecution should get better Lawyers.

8 years ago | Likes 1 Dislikes 2

With so many nonsense technicalities even the best lawyers can’t convict guilty people. Yours is a terrible argument.

8 years ago | Likes 2 Dislikes 0

Oh I know its a terrible argument but I love nonsense technicalities. They help me a lot in life.

8 years ago | Likes 1 Dislikes 2

If I refuse the field sobriety test and the blow test, wouldn’t that give the officer probable cause? Or give way to intimidating tactics?

8 years ago | Likes 3 Dislikes 0

the issue is evidentiary and if you refuse all test, the state will have a difficult time meeting it's burden of proof BARD!

8 years ago | Likes 2 Dislikes 4

I was on the fence about all the vitriol in the comments until you essentially admitted your post intends to help the guilty hide that fact

8 years ago | Likes 2 Dislikes 0

Oh ok. My buddy practiced hits rights and they still hit with a DUI even though he had a .06 at the station. Isn’t that retaliation?

8 years ago | Likes 1 Dislikes 0

That's BS! He should have hired me!

8 years ago | Likes 1 Dislikes 2

In Cali we have the same rights to decline a sobriety test. But the kicker was the cop said he smelt weed in the car. Idk if he smoked.

8 years ago | Likes 1 Dislikes 0

Not a lawyer but if you get caught drinking and driving, be a fucking man and take your god damn punishment. You know the consequences.

8 years ago | Likes 80 Dislikes 1

Thank God you aren't a lawyer. You'd be an absolute shit one.

8 years ago | Likes 7 Dislikes 3

Right on I've been punished three times now

8 years ago | Likes 1 Dislikes 1

Exercise your Constitutional Rights! The State has the burden of proof BARD and we have the presumption of being innocent~

8 years ago | Likes 18 Dislikes 44

Your constitutional rights are worth more than the life of a victim hit by a drunk driver? Fuck you.

8 years ago | Likes 1 Dislikes 0

Sorry drunk drivers destroy lives I fully support making people blow and if they done automatic dui

8 years ago | Likes 8 Dislikes 0

Rofl, fuck off

8 years ago | Likes 6 Dislikes 0

Or just... Y’know, don’t break the law and then play the victim.

8 years ago | Likes 28 Dislikes 0

99% of all lawyers make the other 1% look bad.

8 years ago | Likes 23 Dislikes 1

I get that, in principle. In practice, one of my friends in college was found in a ditch with impact injuries consistent with a vehicle hit.

8 years ago | Likes 9 Dislikes 0

Cops never managed to ID the driver who hit him. Was almost certainly a drunk driver. Keeping drunks on the road does no one any favors.

8 years ago | Likes 10 Dislikes 0

Upvoting for an interesting post. And if you find you've had one drink too many, call Uber or Lyft. The life you save might be mine.

8 years ago | Likes 16 Dislikes 0

Yes I use Uber from my house!

8 years ago | Likes 4 Dislikes 2

Amen that is my choice.

8 years ago | Likes 5 Dislikes 3

v

8 years ago | Likes 88 Dislikes 5

8 years ago | Likes 5 Dislikes 0

Or...don't fucking drive drunk or hit your spouse.

8 years ago | Likes 64 Dislikes 2

If you're accused of either thing and innocent it pays to know your rights and how to avoid incriminating yourself.

8 years ago | Likes 2 Dislikes 0

Protip. If you're accused of drunk driving And sober. Take the Breathalyzer.

8 years ago | Likes 5 Dislikes 0

amen worlds w/o end!

8 years ago | Likes 9 Dislikes 4

And I don't see the part where in LA if you refuse the breathalyzer/urine/blood test you lose your license for 6 months or more

8 years ago | Likes 7 Dislikes 0

That's an OMV issue and refusing is helpful in the court proceeding!

8 years ago | Likes 3 Dislikes 11

Saul? Saul Goodman? How the hell are ya? I thought Chuck was your brother?

8 years ago | Likes 3 Dislikes 0

Better Call Chuck!

8 years ago | Likes 2 Dislikes 3

Every news story I've ever seen where a cop, politician, judge or lawyer were caught DWI they ALWAYS refuse to blow.

8 years ago | Likes 14 Dislikes 0

Yep and we all have that constitutional right in Louisiana and I'm sure in other states as well. It's all about the evidence or lack of it!

8 years ago | Likes 11 Dislikes 9

I'm in NY so there are a lot of news stories with them as the main players for me to learn from. BTW thanks for the post.

8 years ago | Likes 5 Dislikes 2

If you're speeding, you should be fined. If you're driving drunk, you should be arrested.

8 years ago | Likes 13 Dislikes 0

The point is that it has to be proven with hard evidence

8 years ago | Likes 3 Dislikes 2

Which means the authorities needs the ability to collect that evidence

8 years ago | Likes 3 Dislikes 0

This is why I don't like attorney's. Don't lie, just bend the truth, push the limit, and be shady

8 years ago | Likes 22 Dislikes 3

That's why I love attorneys

8 years ago | Likes 2 Dislikes 1

Yeah, attorneys. Not just defense attorneys, but prosecutors also - ESPECIALLY prosecutors. That's why you need defense attorneys.

8 years ago | Likes 2 Dislikes 0

No incorrect! We have Constitutional Rights to a Presumption of being Innocent and the State has the burden of proof BARD!

8 years ago | Likes 9 Dislikes 19

So make sure the state can not create any proof by denying them the ability to gather proof. Louisiana sounds like a shithole.

8 years ago | Likes 3 Dislikes 1

I really wish there was a way to disbar lawyers who actively give the advice to deliberately and willfully lie about guilt.

8 years ago | Likes 12 Dislikes 3

It's only lying if they can prove it.

8 years ago | Likes 1 Dislikes 2

So trust the system to do the right thing? Even though it's been proven repeatedly to be flawed?

8 years ago | Likes 3 Dislikes 2

I think in a lot of states refusing the breathalyzer is automatic arrest.

8 years ago | Likes 309 Dislikes 4

You agree to that when signing your license in Maryland

8 years ago | Likes 7 Dislikes 0

Wow, I'm sad you would give away your personal freedom so easily.

8 years ago | Likes 2 Dislikes 5

How does it affect your personal freedom?

8 years ago | Likes 1 Dislikes 0

Body anonymity? Are we ignoring the fact that your body belongs to you? What a sad concept of reality you have

8 years ago | Likes 1 Dislikes 1

In Colorado, you're usually better off taking the breathalyzer. Refusing gets you the same charges as if you blew ridiculously high.

8 years ago | Likes 7 Dislikes 0

You could probably fight that if you had asthma or COPD.

8 years ago | Likes 2 Dislikes 0

Pretty sure in KY it's an automatic suspension of your license to refuse any tests. Might help in the criminal case but you're still walking

8 years ago | Likes 6 Dislikes 0

It's not in Texas, you just lose your driver's license for six months.

8 years ago | Likes 2 Dislikes 0

It is in Illinois - but a friend bailed out, then was found not guilty based on the video evidence. This happened last week (the court part)

8 years ago | Likes 2 Dislikes 0

In Idaho it's an enhancement. Arrested for suspicion, and then if DUI is determined you apply an enhancement. Auto 1yr license suspension.

8 years ago | Likes 2 Dislikes 0

In my state, you get your license and car taken away too.

6 years ago | Likes 1 Dislikes 0

Sure, but your "You have the right to/not to..." statements sound much cooler if you omit consequences.

8 years ago | Likes 1 Dislikes 0

Though it should be legal to just request one with the good machine at the station.

8 years ago | Likes 1 Dislikes 0

Implied consent. Which is the case in all 7 of the states I've lived in.

8 years ago | Likes 4 Dislikes 2

Implied consent has been doing horribly in the federal appeals courts lately though, most states are having to revisit it including LA

8 years ago | Likes 2 Dislikes 0

You can refuse the test. Nobody ever said you are free to go after that. Afaik in Germany they do a blood test if you refuse.

8 years ago | Likes 1 Dislikes 0

1) Yeah, the information is right that you have a right to refuse, but refusal of field sobriety tests give pc for arrest, refusal of breath

8 years ago | Likes 1 Dislikes 0

2) test is a crime that has a higher penalty than a standard DWI, so you should consult with an attorney before deciding to refuse

8 years ago | Likes 1 Dislikes 0

Refusing a breathalyzer is its own crime in Wisconsin, same penalties and all. So, do what you will. Either way, you off to jail.

8 years ago | Likes 1 Dislikes 0

That is true but its the evidence or lack thereof that matters in the trial.

8 years ago | Likes 118 Dislikes 18

If I haven't been drinking at all should I still refuse, to prevent a false positive?

8 years ago | Likes 2 Dislikes 0

In OH it doesn't matter if you have .01 or .2 bac, if the officer says you're impaired, you lose. Refusal just makes ur life more difficult.

8 years ago | Likes 3 Dislikes 0

So what do you say in court when they asked you why you refused? Plead the fifth?

8 years ago | Likes 1 Dislikes 0

Say what your lawyer tells you to say?

8 years ago | Likes 3 Dislikes 0

Didn't Louisiana pass a law few years back that if you refuse you still get your license suspended?

8 years ago | Likes 1 Dislikes 0

Yep and then when you get a second OWI and refuse again, you catch an automatic blood draw and Ignition Interlock Device.

8 years ago | Likes 1 Dislikes 0

I think they do a blood test at that point.

8 years ago | Likes 7 Dislikes 1

Depends. A trained officer can take a blood sample right there, but those without training must take you to the station.

8 years ago | Likes 1 Dislikes 0

If the latter, your BAC may drop below the legal threshold in the meantime, so this can still be preferable to a breathalyzer.

8 years ago | Likes 1 Dislikes 0

I’m pretty sure they would need a search warrant at that point.

8 years ago | Likes 6 Dislikes 0

Not if you give consent. In VA, refusing both tests carries harsher penalties than the DWI.

8 years ago | Likes 2 Dislikes 0

Not too hard to show enough probable cause for magistrate to sign a warrant.

8 years ago | Likes 2 Dislikes 0

if you're driving drunk refuse the tests and they arrest you, what is your defense? you're basically lying if you say you weren't right?

8 years ago | Likes 12 Dislikes 1

More so, they can't prove you were driving impaired. It's on the prosecution to have evidence of your guilt.

8 years ago | Likes 2 Dislikes 0

You might try to perjure yourself and get away with it. Most states draw blood if you refuse breathalyzer I thought tho, so the state...1/2

8 years ago | Likes 6 Dislikes 0

Would still have that evidence; Plus dash cam footage and officer accounts, and officer body camera footage (if worn)

8 years ago | Likes 5 Dislikes 0

No WAY in the world they are drawing blood unless someone is in the hospital because they screwed up. This pertains to routine traffic stop

8 years ago | Likes 5 Dislikes 2

In Iowa, if you refuse a blood request under implied consent, we (cops) have to ask for breath or urine and can’t revoke your DL for (1)

8 years ago | Likes 1 Dislikes 0

Implied consent laws do include drawing blood to determine alcohol or drug content. Has to be by specialized/certified individuals tho.

8 years ago | Likes 4 Dislikes 1

Refusing blood. If we have a warrant for blood, which we can get on any stop (but usually don’t) you don’t have a right to refuse.

8 years ago | Likes 1 Dislikes 0

What about the automatic suspension of driving licenses for refusing? Is that reversed at trial?

8 years ago | Likes 43 Dislikes 0

No, driving is a privilege not a right. You don't get the suspension lifted but you also don't jail or probation time.

8 years ago | Likes 27 Dislikes 2

Als

8 years ago | Likes 2 Dislikes 1

Also a requirement to be a functional member of society out side of a city with reliable mass transit

8 years ago | Likes 5 Dislikes 2

Then maybe don't drink and drive....

8 years ago | Likes 9 Dislikes 2

As it should be. Fuck drunk drivers.

8 years ago | Likes 204 Dislikes 24

What about diabetics?

8 years ago | Likes 5 Dislikes 1

What scumbag downvoted this

8 years ago | Likes 31 Dislikes 6

[deleted]

[deleted]

8 years ago (deleted Apr 14, 2018 8:43 AM) | Likes 0 Dislikes 0

Maybe because refusing a breathalyzer doesn't mean you're drunk?

8 years ago | Likes 17 Dislikes 28

Even a positive on a breathalyzer doesn't always mean you are drunk.

8 years ago | Likes 4 Dislikes 0

If I wasn't drunk, I would blow right away

8 years ago | Likes 33 Dislikes 7

that's what she said

8 years ago | Likes 1 Dislikes 1

8 years ago | Likes 4 Dislikes 0

Some people are self-righteous and won't blow based on what they deem "principal".

8 years ago | Likes 5 Dislikes 4

You'll find quite a few people who have the thought process of "I didn't do anything wrong, so I'm not taking the test". They also think (1)

8 years ago | Likes 17 Dislikes 1

Why would you refuse any alcohol tests, anyway? Unless you were drunk, in which case, fuck your rights.

8 years ago | Likes 9 Dislikes 0

Protect your Constitutional Rights! Refuse Test and Questions

8 years ago | Likes 1 Dislikes 7

Here in Queensland, refusing a breath test is a greater offense than being over the legal limit.

8 years ago | Likes 5 Dislikes 0

I don't have any reason to do that, though. I have no reason to not cooperate if I know I'll be entirely fine after. I mean, I'm also Aussie

8 years ago | Likes 7 Dislikes 0

Some states (looking at you Utah) have an absurdly low BAC level they consider ‘drunk’. Like one beer and you’re ‘drunk’. (1)

8 years ago | Likes 2 Dislikes 1

So in a case where you’re certainly not impaired but would still be legally ‘drunk’, in an effort to keep you’re driving privileges (2)

8 years ago | Likes 2 Dislikes 1

You could refuse the road side test in favor of a blood test at the station. In the time it takes you to ride to the station, (3)

8 years ago | Likes 2 Dislikes 1

You may dip back below into a legal BAC level. Granted, someone who is definitely impaired could use this to their advantage as well (4)

8 years ago | Likes 2 Dislikes 1

And in that case, I agree that they’re at the point where they’ve sacrificed their driving privileges by getting behind the wheel impaired.

8 years ago | Likes 1 Dislikes 1

But what if I lock myself in my car, refuse to roll down my window, and then start yelling "I DO NOT CONSENT!" at the responding officers?

8 years ago | Likes 3 Dislikes 0

They'll break into your car and arrest you for failure to identify. After they drag you out of the car they will claim an alcohol smell /1

8 years ago | Likes 1 Dislikes 0

Is this a sound legal strategy, OP?

8 years ago | Likes 3 Dislikes 0

That chewing gum is reasonable suspicion, they tell you they "lost" the tape. But they weren't really concerned about the gum comment. They8

8 years ago | Likes 1 Dislikes 0

If you actually give them your license and tell them to go ahead and write the ticket, they will try to question you unendingly because /5

8 years ago | Likes 1 Dislikes 0

license. If they're feeling really rowdy they will seek a warrant and use every single thing you say as an admission of drunk driving no/3

8 years ago | Likes 1 Dislikes 0

Fucking hangovers anymore. You're a fucking statistic to these motherfuckers. Something that looks good on their performance review. They 13

8 years ago | Likes 1 Dislikes 0

cause or reasonable suspicion is, they will tell you you were "chewing gum." When you ask for the video tape of an actual copy claiming 7

8 years ago | Likes 1 Dislikes 0

(whether they smell the alcohol or not in my experience), then they will demand a sobriety test so that you Administratively lose your/2

8 years ago | Likes 1 Dislikes 0

They will use everything you say as more evidence of the conclusion they made before you were pulled over. When you ask what their probable6

8 years ago | Likes 1 Dislikes 0

Really like DWI because they know you need to get to work and the fines end up being 20 times the ticket you get speeding on an empty 14

8 years ago | Likes 1 Dislikes 0

Without a single arrest because I was never driving drunk because I really do go to a bar and drink 1 or 2 drinks because I can't stand 12

8 years ago | Likes 1 Dislikes 0

matter whether you had any alcohol. Literally if you say I had a single drink, the response will be -- no one drinks just one drink, liar!/4

8 years ago | Likes 1 Dislikes 0

Fucking road. Fin. 15

8 years ago | Likes 1 Dislikes 0

Destroyed the video tape because the cop admitted that he smelled alcohol AFTER he requested a sobriety test. So clearly speeding is far /10

8 years ago | Likes 1 Dislikes 0

Worse than destroying evidence, violating civil rights and Obstructing Justice. Source: me. The person who has performed 6 sobriety tests 11

8 years ago | Likes 1 Dislikes 0

Most of these are “In Louisiana” are there other states in which these apply?

8 years ago | Likes 551 Dislikes 6

I believe there is a case pending (can't recall) where someone turned down a breathalyzer. Which in that state, was an automatic failure.

8 years ago | Likes 1 Dislikes 0

Camera and speed sign tickets are also illegal in South Carolina. They went back and fixed a “manned” loophole. Must be given by officer.

8 years ago | Likes 1 Dislikes 0

If the officer pulls you and says speed sign or radar gun, you can legally ask when was it last calibrated.

8 years ago | Likes 1 Dislikes 0

IIRC Louisiana's legal system is pretty different from other states' due to historical French influence?

8 years ago | Likes 2 Dislikes 0

Louisiana uses a civil law system where statutes (laws enacted by the state of Louisiana) (1)

8 years ago | Likes 2 Dislikes 0

whereas the rest of the US uses common law which relies heavily on case precedent. (2)

8 years ago | Likes 2 Dislikes 0

Source: I’m a third year law student. Kill meeee pleaseeee

8 years ago | Likes 1 Dislikes 0

Probably Kentucky

8 years ago | Likes 1 Dislikes 0

DUI in Oregon is much worse, they don't use portable breath tests anymore and you can't refuse a sobriety test unless you wonna go to jail.

8 years ago | Likes 2 Dislikes 0

Confusion. The state of.

8 years ago | Likes 2 Dislikes 1

8 years ago | Likes 1 Dislikes 0

In Nevada you can refuse, which requires the LEO to obtain a warrant but the DMV revokes your license because there is implied consent.

8 years ago | Likes 8 Dislikes 0

Same as in AZ

8 years ago | Likes 2 Dislikes 0

Not in TN you can get failure to consent and comply and can faces 11/29 in jail for refusing a breathalyzer

8 years ago | Likes 4 Dislikes 0

I would say in most states regarding criminal cases

8 years ago | Likes 81 Dislikes 10

Do one for kentucky if you can! I'd love to hear more about my local laws

8 years ago | Likes 1 Dislikes 0

Texas?

8 years ago | Likes 3 Dislikes 0

Then which states does this not apply? And why?

8 years ago | Likes 12 Dislikes 2

He is being specific because Louisana practices French law which is a little diffrent than english law

8 years ago | Likes 21 Dislikes 0

In some states though isn't refusing the sobriety test considered an immediate fail? That one's a thin line if you dont know your states law

8 years ago | Likes 10 Dislikes 0

You're charged with a lesser crime in hopes that you confess or they get a conviction in order to claim effectiveness against crime.

8 years ago | Likes 1 Dislikes 0

Yes. As a Kentucky lawyer, that’s true for the Bluegrass state.

8 years ago | Likes 3 Dislikes 0

You arent refusing a test, your refusing the song and dance. Say no thank you sir, I would like to take a blood test. You'll still get 1/

8 years ago | Likes 1 Dislikes 0

2/ arrested and taken so they can do the test, but it's not subjective. You're not going to be allowed to drive home if they pulled you 2/

8 years ago | Likes 1 Dislikes 0

3/ over for suspicion of DUI anyway. So don't let them take subjective evidence and hold it against you. Because you asked for a test 3/

8 years ago | Likes 1 Dislikes 0

You forgot to tell them the most important thing Johnny law and that is keep your lips shut lawyer up! You dont have to talk to pd

8 years ago | Likes 24 Dislikes 1

But if what I wanna talk? Ask em how their days going, shoot the shit, get to know em, maybe we become friends, maybe something more.

8 years ago | Likes 8 Dislikes 0

Cops are reviewed for how many arrests they conduct and rewarded on how many of their arrests become convictions.

8 years ago | Likes 2 Dislikes 3

Sauce? from my knowledge it varies much city to city as the city makes the rules for cops.

8 years ago | Likes 2 Dislikes 0

Shut your mouth lawyer up. Cops are not your friends they are allowed to lie and do what ever to get an arrest. so again lawyer up!

8 years ago | Likes 4 Dislikes 4

NO!!! Don't talk at all. It can be used to fabricate a more believable confession with the use of not only certain words (1

8 years ago | Likes 4 Dislikes 1

2) and expressions you use, but also the unique manner in which people speak. Source: I've been verbaled.

8 years ago | Likes 4 Dislikes 1

CA - you get an automatic license suspension for refusing these. You give your consent upon receiving your drivers license - people forget.

8 years ago | Likes 1 Dislikes 0

This works everywhere v

8 years ago | Likes 27 Dislikes 6

1/2 IIRC Denying a police officer entry into your college campus residence permits them to give you 5min to grab what you need before

8 years ago | Likes 1 Dislikes 0

no longer being allowed there for 24hrs. All while they search your residence freely. I don't recall how it affects your roommates.

8 years ago | Likes 1 Dislikes 0

Florida is the same

8 years ago | Likes 4 Dislikes 0

In Michigan a refusal to blow into a breathalyzer constitutes a misdemeanor and a 6 month revocation of driving privileges

8 years ago | Likes 280 Dislikes 0

Same in Kansas

8 years ago | Likes 1 Dislikes 0

You're charged with a misdemeanor, but it must still be proven in court before it's enforced. Do you prefer the more serious charge of DUI?

8 years ago | Likes 7 Dislikes 1

Its a 180 day suspension in NH and a misdemeanor, and they can arrest you. Thanks to implied consent laws.

8 years ago | Likes 1 Dislikes 0

(for all field sobriety tests)

8 years ago | Likes 1 Dislikes 0

In Australia it’s a 2 year suspension

8 years ago | Likes 1 Dislikes 0

In Michigan they can also force a blood test if you refuse the breathalyzer

8 years ago | Likes 12 Dislikes 1

they can but only with a warrant. I know this because I work in an 31sr and when the police bring people in for a legal draw they need to ga

8 years ago | Likes 3 Dislikes 1

They have to get a warrant first—I’m a ER nurse and I can’t draw labs for police unless they show me a warrant which I have to chart

8 years ago | Likes 7 Dislikes 0

to get a warrant if the person is refusing the blood draw.

8 years ago | Likes 4 Dislikes 1

Same in Washington

8 years ago | Likes 1 Dislikes 0

Refusal in Illinois results in a year long suspension of your DL.

8 years ago | Likes 1 Dislikes 0

It’s a year in Florida

8 years ago | Likes 1 Dislikes 0

They will even do this after you pass a field sobriety test which, sounds like double jeopardy to me.

8 years ago | Likes 3 Dislikes 0

When you receive your license you agree to take a breathalyzer test at any time and if you don't you've signed that you know the punishment

8 years ago | Likes 1 Dislikes 0

One year in PA and almost always an automatic DUI in the .16+ range.

8 years ago | Likes 9 Dislikes 0

Isn’t .08 the legal limit in most states?

8 years ago | Likes 4 Dislikes 1

We go hard in PA.

8 years ago | Likes 5 Dislikes 0

It’s is - but .16+ is the highest charge. That’s whatcha get if you refuse the test.

8 years ago | Likes 1 Dislikes 0

So we can’t prove you did anything wrong so we’ll just go ahead and charge you with the worst thing you could have done. Wtf

8 years ago | Likes 1 Dislikes 0

It's an instant DUI but when in court they can't prove shit

8 years ago | Likes 83 Dislikes 2

They can also still arrest you on suspicion of drunk driving if you refuse the pbt

8 years ago | Likes 1 Dislikes 0

Louisiana law is based off of napoleonic law, but most of the US is based off English common law. So I’m also curious as to the differences.

8 years ago | Likes 70 Dislikes 0

One difference is no legal precedence. The judge uses their interpretation/application of the law irregardless of previous cases.

8 years ago | Likes 2 Dislikes 0

Something something bird law

8 years ago | Likes 5 Dislikes 0

You should take down the sobriety test one. Drunk drivers don't deserve legal help. They deserve punishment to the full extent of the law

8 years ago | Likes 31 Dislikes 7

Not everybody who gets pulled over and treated as a potential drunk driver is drunk, and cops will bait you into behaviors that they can /1

8 years ago | Likes 3 Dislikes 2

pull you over for to see if they can get you on ANYTHING because they have a quota to fill.

8 years ago | Likes 3 Dislikes 2

You know that's a myth right? They don't actually have a quota. And if you blow .00 you won't get a dui.

8 years ago | Likes 1 Dislikes 1

I understand your feelings but every person is entitled to representation. There is a reason for it. Not all cases are that cut and dry.

8 years ago | Likes 4 Dislikes 2

Also, if you say one doesn't deserve legal defense, then it sets up a dangerous precedent. We have to be careful

8 years ago | Likes 3 Dislikes 1

In drunk driving they are. Did you drink alcohol then drive? Congrats, you suck, take your punishment

8 years ago | Likes 1 Dislikes 1

As an example. You can be charged with a DUI for just being in your car. Even if you were sleeping. Just one of many examples. I feel like

8 years ago | Likes 2 Dislikes 0

I'm being construed as supporting drunk driving. I'm not. I'm just supporting our due process.

8 years ago | Likes 1 Dislikes 0

You are factually wrong, everyone deserves legal help.

8 years ago | Likes 4 Dislikes 2

Drunk drivers intentionally put other people's lives at risk. They don't deserve anything but punishment

8 years ago | Likes 2 Dislikes 0

They only deserve punishment if found guilty in a court of law.

8 years ago | Likes 1 Dislikes 2

If they blow above .08, they are guilty. There's no good reason to refuse if you aren't guilty

8 years ago | Likes 2 Dislikes 1

There's a perfect reason to refuse. Without the data its harder for them to prove it in court. Its not a good reason but its a smart reason.

8 years ago | Likes 1 Dislikes 2

the state has the burden of proof BARD! And we have the right to be presumed to be innocent.

8 years ago | Likes 13 Dislikes 19

Drunk drivers destroy life’s. Fuck them

8 years ago | Likes 2 Dislikes 0

If you drive drunk it's very obvious. And if you drive drunk you are trash. Drunk drivers don't deserve help getting away with being trash.

8 years ago | Likes 10 Dislikes 3

I've never seen someone get charged with drunk driving after passing breathalyzer and it blood test.If your sober theres no reason to say no

8 years ago | Likes 14 Dislikes 2

If you're sober, why do you need to blow? Why does anyone need to give the police personal information/business if they are innocent?

8 years ago | Likes 4 Dislikes 10

If you seem drunk and get pulled over, but aren't actually drunk, maybe you shouldn't be driving to start with. Obviously a dangerous driver

8 years ago | Likes 4 Dislikes 1

If you blow clean, you're free to go. Not like it takes long, is difficult or hurts. Cooperate and be on your way instead of being an ass.

8 years ago | Likes 8 Dislikes 1

Refusing to blow is being an ass? I have never blown when asked to, and I have always been release without issue. One can refuse politely.

8 years ago | Likes 2 Dislikes 7

Just want to say, fuck you if you drive drunk. I hope you hit a tree, and not a kid. I hope the only victim is you.

8 years ago | Likes 373 Dislikes 13

Hey what the fuck? My kid IS a tree!

8 years ago | Likes 1 Dislikes 1

I wish they would change dui charges to attempted murder charges.

8 years ago | Likes 3 Dislikes 2

Good enough for my upvote

8 years ago | Likes 10 Dislikes 2

8 years ago | Likes 30 Dislikes 0

I'm not the Lorax but I speak for the trees, may he drive off a cliff, you tree hating sleaze!

8 years ago | Likes 18 Dislikes 1

So sayeth PetesFakePHDs (I think it nicely finishes the rhyme)

8 years ago | Likes 4 Dislikes 0

I personally use Uber if I go out to party!

8 years ago | Likes 52 Dislikes 14

I wish I had uber in my area. I stayed in denver over a weekend and it was ~$6 to get downtown. Didn't want to leave.

8 years ago | Likes 3 Dislikes 1

My friend's grandma, mom, and little sister were all killed by a drunk driver about 6 years ago. His little brother was the only survivor.

8 years ago | Likes 10 Dislikes 0

How do you feel about texting and driving?

8 years ago | Likes 2 Dislikes 0

Honestly it's just as bad as driving drunk. If you're willing to endanger other people because of your poor self control, don't drive at all

8 years ago | Likes 4 Dislikes 0

Do you believe it should carry the same sentencing?

8 years ago | Likes 1 Dislikes 1

I do, but not many share this idea. I'm sick of people who don't understand how quick an accident happens.

8 years ago | Likes 2 Dislikes 1

Or texting and driving which is equal to a BAC of .10. You can't be for safe driving and texting and driving!

8 years ago | Likes 2 Dislikes 0

Fuck you, douchebag kids should be on the streets or sidewalks

8 years ago | Likes 1 Dislikes 1

I'd rather hope they don't hit anything at all...

8 years ago | Likes 2 Dislikes 0

Yeah that one pissed me off. Dont turn down a sobriety test. You have no moral highground if you drink drive and fuck your rights to boot.

8 years ago | Likes 7 Dislikes 0

Until you throw away as many rights as Canadians and the cop 'decides' your drunk when your in fact sober, tows your car and you lose your

8 years ago | Likes 1 Dislikes 2

job for doing nothing wrong.

8 years ago | Likes 2 Dislikes 2

In which case wouldn't the sobriety test help prove your sobriety?

8 years ago | Likes 2 Dislikes 0

Potentially in the case where the sobriety test is only the spot judgement of the officer.

8 years ago | Likes 2 Dislikes 0

BAC is the only scientific evidence of intoxication, but it's shit as a universal gauge of driving impairment. Alcohol impairs differently.

8 years ago | Likes 4 Dislikes 2

Which is why impairment can be articulated at any BAC. You can be DUI at .01 if your impairment is high.

8 years ago | Likes 1 Dislikes 0

So you concede my point? BAC doesn't directly reflect impairment. You can be impaired at .01, but you can be OK at .10

8 years ago | Likes 1 Dislikes 0

Therefore, hinging the law on this static measure which does not directly relate to impairment is unfair, i.e. unjust

8 years ago | Likes 1 Dislikes 1

I’m saying BAC is a factor, but not the only one. Some people can handle their booze better but you have to set a limit somewhere.

8 years ago | Likes 1 Dislikes 1

And I'm saying that BAC as that legal limit unjustly creates criminals out of responsible citizens who know their actual limits.

8 years ago | Likes 1 Dislikes 1

So just fucken don't.

8 years ago | Likes 9 Dislikes 1

Some people can have 2-3 drinks and be 100% functional. Others are spaghetti after 1 drink. Laws should target drunk drivers, not BAC.

8 years ago | Likes 1 Dislikes 3

No. You should treat your license as a privilege, not a right.

8 years ago | Likes 3 Dislikes 1

What we're both saying isn't incompatible. Target bad behavior. Responsible drinking doesn't qualify. Driving after alcohol != DUI.

8 years ago | Likes 1 Dislikes 1