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03-08-2009, 07:58 PM
| | Junior Member | | Join Date: Feb 2009
Posts: 3
| | | Refusal to blow
What is the name of your state (only U.S. law)? Louisiana
I posted several weeks about our current case, however a good question has come to mind.
My boyfriend is in the midst of trial for his second DWI. He refused to blow. In Louisiana, you can refuse to blow, but you will still lose your license for 180 days. We are hoping to get the case thrown out, as they did not video tape his field sobriety test, there are inconsistencies in the police report, etc. Seems like they lack proof he was drunk.
Basically, I am wondering, if the case gets tossed out, does his license still get suspended for 6 months because he refused to blow?
And does anyone have an opinion on how likely it is to get thrown out? |
03-08-2009, 08:28 PM
| | Senior Member | | Join Date: Mar 2007
Posts: 3,336
| | | According to the Louisiana Driver's Handbook, refusal to blow on a second (or subsequent) offense results in a loss of the license for 545 days. Plus, when he goes for the reinstatement they're going to require an SR-22 or $30,000 in cash or security.
If he's not convicted, I don't think it would be considered a second offense but I believe the loss of license for a refusal is regardless of any conviction. In other words, it's not the conviction that matters, it's the refusal itself. |
03-09-2009, 09:25 AM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | If these are little errors that you see on the report, those are not the loopholes which you seek. Also, you can bet that the cops involved in the arrest process will sync' their testimonies, all I's dotted, all T's crossed.
__________________
"I only had a couple of drinks..... there's no way I was impaired!." |
03-09-2009, 08:02 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,285
| | | ...or teas dotted and eyes crossed. |
03-09-2009, 08:27 PM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | Quote: |
...or teas dotted and eyes crossed.
| That's after a few drinks.... er sorry, "just two beers".
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"I only had a couple of drinks..... there's no way I was impaired!." | |
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