No refusal weekend question

[charlie12]

I passed a DWI checkpoint last night and was listening to them on the radio. I heard one LEO talking one to Ochsner to draw blood then a little while later taking him to jail.

My question is who pays the hospital bill?

 

[spanky]

I'd like to think the person whose blood is being drawn.

Of course, it's likely that we are.

 

[dantheman]

Probably us .

 

[topgunz1]

I'm not too keen on DWI stuff, but if I remember right we offer them the breath test and if they refuse additional testing is at their expense.

 

[spanky]

I'm not too keen on DWI stuff, but if I remember right we offer them the breath test and if they refuse additional testing is at their expense.

If they refuse the breathalyzer but submit to the blood test, do they still lose their license even if they are clear? Is refusing the breathalyzer automatic license revocation regardless of outcome?

 

[charlie12]

Good question Spanky.

And who test the blood? Is it sent to the LSP Crime Lab and how long to get the results?

 

[Gus McCrae]

I'd like to think the person whose blood is being drawn.

Of course, it's likely that we are.

Why should someone pay for something they probably don't want to buy?

 

[topgunz1]

I assume it goes to the crime lab, it takes freaking forever. I had to do a blood kit once cause the guy was too banged up, took like 6 months. Had to go write him a summons at home. He plead guilty

 

[spanky]

Why should someone pay for something they probably don't want to buy?

Why should we?

 

[#1bambam]

Why should someone pay for something they probably don't want to buy?

Why should we?

I think it would be fair if the looser of the bet should pay.If he is drunk he pays for the test but if he is not the state (I guess us).

 

[Narco]

additional test at the defendants request he/she pays the expense.
testing on behalf of the affiant is paid for by the taxpayers and generally recouped in any fines/penalties imposed upon conviction.

 

[Nolacopusmc]

If they refuse the breathalyzer but submit to the blood test, do they still lose their license even if they are clear? Is refusing the breathalyzer automatic license revocation regardless of outcome?

Yes.

NORMALLY the way it goes, obviously checkpoints are a little different, is that I see you driving in a manner that gives me reasonable suspicion you may be impaired.

I pull you over and you either refuse or submit to the field test. Even if you pass the field test, I can still book you if I can articulate an impairment.

GENERALLY this is due to a narcotic impairment instead of an alcohol one and is accompanied by noticeable and artuiclulable signs such as bloodshot eyes, dilated pupils, etc.

if your driving was impaired, and you blow .000, then I can have you submit to a blood test. Generally, it will not forcefully be withdrawn unless there is a fatality or serious injury.

However, when you refuse the breathalizer, which i do not need for you to "fail" the SFST in order to require, you have brought on the penalties of refusal.

the blood test takes a few weeks to come in, and you have to submit for your emergency license. I believe if your tests do not come back in 30 days, you automatically get your license back.

 

[herohog]

I have a question for ya. I am disabled and have to use a wheelchair most of the time as I can only stand for a very short period of time before the pain becomes unbearable. I always carry my Disabled Parking Pass card and my wheelchair (although it can be in the trunk and out of sight). Also, several of my meds affect my balance. As you can see, I can easily fail a roadside test based on the standard tests and be sober as a judge. How would I best handle it if I am stopped?

 

[Vanilla Gorilla]

One of the questions the officer will ask you is if you have any medical conditions that effect your balance or your motor function. You should reply that you do and give a brief non-technical explanation. But be advised if you are driving while under the influence of medications that impair your ability to operate a motor vehicle, even if those medications are prescribed, then you are violating the law. For example; if you are prescribed Loratab for a recently broken arm, and you take you prescribed dose and then drive to a friends house, enroute you have a difficult time maintaining your lane and are observed and stopped by the Police. Should you appear intoxicated telling the officer you are taking a prescribed dose of a med Does Not relieve you of the responsibility to operate a vehicle in a safe un-impaired fashion. You could and likely would still be arrested in that situation.

All that being said I would be extremely careful if I was taking meds that effect my balance. I could see how that could effect your driving.

 

[firefighter9158]

What If ? What If ? Just don't drive impaired ! Is the answer ! Stay safe ! Have a Safe Labor Day Everybody !

 

[Nolacopusmc]

One of the questions the officer will ask you is if you have any medical conditions that effect your balance or your motor function. You should reply that you do and give a brief non-technical explanation. But be advised if you are driving while under the influence of medications that impair your ability to operate a motor vehicle, even if those medications are prescribed, then you are violating the law. For example; if you are prescribed Loratab for a recently broken arm, and you take you prescribed dose and then drive to a friends house, enroute you have a difficult time maintaining your lane and are observed and stopped by the Police. Should you appear intoxicated telling the officer you are taking a prescribed dose of a med Does Not relieve you of the responsibility to operate a vehicle in a safe un-impaired fashion. You could and likely would still be arrested in that situation.

All that being said I would be extremely careful if I was taking meds that effect my balance. I could see how that could effect your driving.

THIS...... ANY impairment is against the law. There is no excuse from your momma, doctor, etc. if you are impaired because you took some NyQuil....jail you go.

I have a question for ya. I am disabled and have to use a wheelchair most of the time as I can only stand for a very short period of time before the pain becomes unbearable. I always carry my Disabled Parking Pass card and my wheelchair (although it can be in the trunk and out of sight). Also, several of my meds affect my balance. As you can see, I can easily fail a roadside test based on the standard tests and be sober as a judge. How would I best handle it if I am stopped?

If you are stopped, then if the officer does not already notice, advise him of your disability. Depending on how strongly he feels about your impairment, he will then arrest you based on what he has already witnessed-- driving ability, speech, smell, eyes, etc.

There is no legal requirement for a SFST.

 

[charliepapa]

THIS...... ANY impairment is against the law. There is no excuse from your momma, doctor, etc. if you are impaired because you took some NyQuil....jail you go.

But won't that violate their constitutional right to drive?

Seriously, it seems to me like way too many constitution thumpers want to borrow the "shall not be infringed" phrase from 2A and conveniently apply to every aspect of their life, and it just can't be. Get over it already.

 

[honestlou]

..... if your driving was impaired, and you blow .000, then I can have you submit to a blood test. Generally, it will not forcefully be withdrawn unless there is a fatality or serious injury....

But you can force the blood test any time you have probable cause for a warrant, can't you? It's just not normally done? And they will force the blood test this weekend, right? Isn't that the point of the "no refusal weekend"?

 

[Nolacopusmc]

But you can force the blood test any time you have probable cause for a warrant, can't you? It's just not normally done? And they will force the blood test this weekend, right? Isn't that the point of the "no refusal weekend"?

Correct.

The logic is that the blood is a search; therefore, without consent requires a warrant. The warrant is based off of the officers observations of all factors just like any other warrant.

The big thing with these weekends is that they have a judge on standby just for the duration of the checkpoint so that they can fax him the request, he signs it, and faxes it back.

Pretty much the same as if they stopped you in the middle of the night and thought you had drugs in the car.

 

[blackened1313]

Do they hold you down and draw blood? How does this happen? and for the record ( I would never drive drunk) but I think it is total BS.