Comment on Just got arrested for a supposed DWI even though I blew a 0.0000000. Don't cops need to read your Miranda rights to you? I asked for a blood or hair follicle test and I was denied. WTH is happening?

• 17jGuFCOn89iY@lemmy.world ⁨1⁩ ⁨day⁩ ago

  Different states have different laws. I’m in Louisiana and refusing a breath test automatically triggers a license suspension

  source

  • ColeSloth@discuss.tchncs.de ⁨1⁩ ⁨day⁩ ago

    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.

    source

    • 17jGuFCOn89iY@lemmy.world ⁨1⁩ ⁨day⁩ ago

      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.

      source

      • ColeSloth@discuss.tchncs.de ⁨1⁩ ⁨day⁩ ago

        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.

        source

        • -> View More Comments
• ColeSloth@discuss.tchncs.de ⁨1⁩ ⁨day⁩ ago

  Ask a lawyer in your state sometime. You will very likely discover that you can and should refuse the roadside stuff.

  source