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Old 12-28-2012, 16:18   #112
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Join Date: Jan 2009
Location: IL, on the banks of the Muddy River
Posts: 7,217
Originally Posted by Random View Post
You really got me on that one. Picture looks just like me.

Your understanding of how the law should work is sound, but sadly you're misunderstanding how it is being used.
As it currently stands you can stand there stone cold sober with no evidence to the contrary. Your sober refusal to submit to a breathalyzer is being used as the (only) probable cause for them to take you into custody, restrain you, and draw your blood against your will.

While I enjoyed your whigger picture you are mistaken. Twice.
Have you - honestly - been pulled aside for a breathalyzer? Because I find that incredibly hard to believe if you weren't first showing some other indication - slurred speech, smell of alcohol, etc - first. As was noted, a breathalyzer isn't just a random test they break out "just in case", it's to confirm prior suspicions.

Louisiana has the implied consent, though. As so as your request and sign your name to a driver's license, you a consenting to that breathalyzer every time you turn the key. By trying to refuse, you've already violated a contract that you set up with the state, because when you signed it, you said "yes, sir, Mr. Office of Motor Vehicles, I agree that I will do these tests any time I'm asked."

If you didn't read the fine print, go turn in your license now and I guarantee you shouldn't ever be asked at a checkpoint like that again. See how easy that is?

Your other course of action is to work through the government to remove the implied consent law. I wish you luck, and until that happens, if you drive and they say blow, you blow.

YOU agreed to it, no one's forcing you.
"If you have something to say, now would be a perfect time to keep it to yourself." --Col. Chester Phillips
"If you believe everything you read, better not read." --Japanese proverb
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