Originally Posted by Random
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.
Let me get this straight - are you claiming, in other posts, that you were once a police officer? because just this paragraph is enough to know you are either lying or you had no legal training at all.
Here's a hint: if the police were arresting people and getting search warrants on the evidence you claim, we'd know, because the trouble the police and judges would be in would be all over CNN. Louisiana doesn't get to define "probable cause" and, if they do, they have to answer to the federal courts.