I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, "of something suspicious". I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?

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[–] -1 points 3 months ago (6 children)

And you've been lied to and you're wrong. I just read your Louisiana revised statute 32.666 and you don't have to take a preliminary breath test (the little one the cops use on the side of the road).

Again, though. Not a lawyer. Speak to your lawyer in Louisiana and ask them. Other jurisdictions may have different laws.

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  • [–] 0 points 3 months ago (5 children)

    Like I said, your license can be suspended. That means you can still refuse it.

    But most importantly, read 32:661 if you want to be insufferable about it. We have an implied consent law.

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  • [–] 0 points 3 months ago* (4 children)

    And that implied consent law is for a breathalyzer test. Not the one they do on the side of the road. You don't lose your license to refuse a pbt.

    Edit: Also fyi. Read 32.661 with a bit higher of a reading comp level. The chem test you can't refuse is AFTER YOUR ARREST.

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  • [–] 1 point 3 months ago* (last edited 3 months ago) (3 children)

    Yes you do. It literally happened to my sister.

    Every single dui attorney in state even states it on their site. https://attorneycarl.com/refuse-breathalyzer-louisiana/

    https://trafficticketsnola.com/what-happens-if-you-refuse-a-breathalyzer-in-louisiana/

    But what the fuck would you know? You already said you’re not a lawyer, you’re not from here, and aren’t going to know better from 2 minutes of googling.

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  • [–] 0 points 3 months ago (2 children)

    I didn't Google. I looked at Louisiana law statutes.

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  • [–] 1 point 3 months ago (1 child)
  • [–] 0 points 3 months ago

    That roadside test is NOT a breathalyzer test. It's called a "Preliminary Breath Test". Your links all advise you have to take the breathalyzer test, and that's true. But a breathalyzer test doesn't happen in the field. It's at the station attached to a very not portable machine and happens after you get arrested. Call an actual DUI lawyer yourself and ask them the difference. A PBT is not a breathalyzer test.

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