Should refusing a breathalizer be a crime?

[Arch-MaesterPhilip]

That seems weird. But very much possible. Legislation on technicalities while ignoring the goals and reasons definitely is a thing.

It's hard to tell intoxication and severe low blood sugar apart sometimes. He nearly died in police custody.  

[DireWolfSpirit]

"Just give up a little liberty, you are in great danger from scary bad people, only the state can protect you. Just give us a little more power. We are good, we are the state."

[Starkess]

I have a family member dealing with a similar issue. He was pulled over late on a Saturday night for crossing the center line, and refused to take the field sobriety tests (walking in a line, etc etc) and just asked to be breathalyzed because, while he had been drinking, he was sure he was under the legal limit. He was, but he was arrested anyway. They wouldn't even tell him at first what the result of the breathalyzer was, until he had been in jail for a few hours at that point. He has been trying to get the case dropped, and his lawyer honestly has no idea what case the county could possibly be making, as even the dash cam footage does not show someone behaving recklessly. I can only imagine if he had refused the breathalyzer and demanded a blood test or something instead. His hearing is in January, I'm hoping the whole thing gets tossed.

Anyway, to me it is just another point in favor of not antagonizing cops. Yes, I know my rights, but sticking up for them is hardly likely to go your way.

[zelticgar]

Starkess,

He probably should have just done everything they asked and it might have gone easier for him. Never a good idea to do stuff that might be perceived as "being difficult" even if it is within your rights.

I've been field tested a couple of times and even though I was completely sober I actually had a tough time on some of the tests. You'd be surprised how hard it is to walk in a straight line at 2am with a flashlight in your face after working a 12 hour shift. Reciting the alphabet as a college senior was surprisingly difficult as well. It had been many years since I had actually said it so I flubbed a little. I have a lot of friends who are cops and they tell me the pen test is the real tell. If your eyes can follow the pen its a pretty good indicator that you are sober even if you flub some of the other tests.

 

[Stubby]

Refusing a breathalyser is an offence here.  We even have random breath tests, where the police stop everyone on the road and test them all.

No police do field tests any more as they are simply too subjective.

[sologdin]

scot, louisiana handles it by making it this way:

 

Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance

LSA-R.S. 32: 661(A)(1). I don't really have a problem with that. this allows the hammer to drop:

Any person who refuses to submit to a chemical test as required by the provisions of this Paragraph shall be fined not less than three hundred dollars nor more than one thousand dollars and imprisoned for not less than ten days nor more than six months.

LSA-R.S. 32: 666(A)(1)(c). 

even though the statute is the number of the beast, am betting that's been run up the flagpole on IV and V already a hundred times and lost.  (see state v. weber, 120 so.3d 328 (la. 2014) on the constitutionality of taking the bloods. as to civil license revocation, some interesting thingies in swan v.  DPS, 311 so.2d 498 (la. app. 4 cir. 1975).)