DUI no refusal checkpoints.

[Schnitzer318is]

I hate checkpoints for any reason, not just dui. Violates the reasonable cause part of the law to me. Not to mention it wastes a ton of citizen's time. I'm sure it generates tons of $$$ for police departments/municipalities though (which is the main reason for the checkpoints I'm sure).

I don't mind "no refusals" if you are suspected of drunk driving, you know for weaving, failing to signal, etc and are pulled over. As long as a judge signs a warrant for the reasonable cause during/after the traffic stop.

[//MPower]

This is bascially the camel's nose under the tent.

Checkpoints themselves are illegal. Police have no legal right to stop you without probable cause, but they do it anyways.

Actions taken by government/law enforcemnt that destroy individual rights, freedoms, and privacy always start with something small and reasonable. You don't support drunk driving do you??? It's to keep you safe....

Over time, it gradually expands into something far worse and much more tyrannical, and not by accident.

[browntown]

Yeah the thing is Driving is a PRIVILEGE not a right

My mom told me that all the time as a teenager. Now, twenty years later, paying taxes makes me believe that the government isn't doing me any favors and granting privileges. Privileges are what prisoners have when they're good.

I carry concealed because it is a right. Yes I have to jump through regulatory hoops and licenses, but it is to exercise a right. The same goes for driving. I'll do the licensing and registration and every other bs way to take monies out of my pocket, but it is to exercise a right. The right to be free and pursue happiness. I suppose it is a semantic difference, but the word privilege makes me feel like daddy will let me watch my favorite cartoon if I'm a good boy.

I was just explaining the book 1984 to my son, and he didn't yet see the dangers of government control. He's only 12.

Damn "New Posts" button! I got lured into the P&R forum unintentionally. I swore I'd stay out of here to preserve my blood pressure.

[joshh]

Which is it that you are against, the checkpoint, Breathalyzer or blood test?

The checkpoint. Reminds me of 1940s Germany.

[archie]

I do these at my towing company all the time. You'd be amazed at how drunk or high some people are that roll through.

[ck_taft325is]

My mom told me that all the time as a teenager. Now, twenty years later, paying taxes makes me believe that the government isn't doing me any favors and granting privileges. Privileges are what prisoners have when they're good.

I carry concealed because it is a right. Yes I have to jump through regulatory hoops and licenses, but it is to exercise a right. The same goes for driving. I'll do the licensing and registration and every other bs way to take monies out of my pocket, but it is to exercise a right. The right to be free and pursue happiness. I suppose it is a semantic difference, but the word privilege makes me feel like daddy will let me watch my favorite cartoon if I'm a good boy.

I was just explaining the book 1984 to my son, and he didn't yet see the dangers of government control. He's only 12.

Damn "New Posts" button! I got lured into the P&R forum unintentionally. I swore I'd stay out of here to preserve my blood pressure.

Hey, I owe someone else a beer.

Good stuff here.

[CabrioPunk]

BAC measurement represents a kind of pre-crime that I'm not completely comfortable with. Especially the way it gets abused at times. Worse yet, first time offenders who have committed no offense other than blowing too high a number and have not harmed anyone get hit VERY hard, while repeat offenders are not especially controllable.

Of course, another issue is that breathalyzers can be wildly inaccurate.

Wildly inaccurate? ORLY? Elaborate? Evidence of such?



I think you'll be hard pressed to prove that claim.

[assoutE12]

breathalyzers are pretty inaccurate, for instance you can blow over the limit if you just drank a beer and the alcohol is still in your mouth, although you are not really over the limit in terms of being drunk. Just like anything else I'm sure there can be errors in administering the test.
The funny thing about this article is that I was arrested in Idaho a few years ago for DUI (because I supposedly failed a field sobriety test because I was stoned, I seem to remember doing everything perfectly but thats beside the point) and a small amount of pot. They ended up dropping the DUI because the punishment for the pot was so much worse. When I first talked to my lawyer I was much more worried about the DUI than the pot, but he explained that they probably wouldn't even end up charging me with that, at first I figured it was because its kind of hard to prove a person is high, but he said no they're just not that concerned about drinking and driving up here. I was shocked, in kansas if you get a DUI you are spending the night in jail for sure and most likely losing your license for a year. while you just get a ticket if you get busted for pot.
They seem to go to great lengths to arrest people for something they don't seem to have very stringent laws about.

[blunttech]

breathalyzers are pretty inaccurate, for instance you can blow over the limit if you just drank a beer and the alcohol is still in your mouth, although you are not really over the limit in terms of being drunk. Just like anything else I'm sure there can be errors in administering the test.
The funny thing about this article is that I was arrested in Idaho a few years ago for DUI (because I supposedly failed a field sobriety test because I was stoned, I seem to remember doing everything perfectly but thats beside the point) and a small amount of pot. They ended up dropping the DUI because the punishment for the pot was so much worse. When I first talked to my lawyer I was much more worried about the DUI than the pot, but he explained that they probably wouldn't even end up charging me with that, at first I figured it was because its kind of hard to prove a person is high, but he said no they're just not that concerned about drinking and driving up here. I was shocked, in kansas if you get a DUI you are spending the night in jail for sure and most likely losing your license for a year. while you just get a ticket if you get busted for pot.
They seem to go to great lengths to arrest people for something they don't seem to have very stringent laws about.

I may have told this story before but my wife was once asked by one of her patients lawyers if she would testify the patient had horrible teeth with cavities so large they would hold pools of alcohol and give a false reading on a breathalyzer . she declined

[CabrioPunk]

breathalyzers are pretty inaccurate, for instance you can blow over the limit if you just drank a beer and the alcohol is still in your mouth, although you are not really over the limit in terms of being drunk. Just like anything else I'm sure there can be errors in administering the test.
The funny thing about this article is that I was arrested in Idaho a few years ago for DUI (because I supposedly failed a field sobriety test because I was stoned, I seem to remember doing everything perfectly but thats beside the point) and a small amount of pot. They ended up dropping the DUI because the punishment for the pot was so much worse. When I first talked to my lawyer I was much more worried about the DUI than the pot, but he explained that they probably wouldn't even end up charging me with that, at first I figured it was because its kind of hard to prove a person is high, but he said no they're just not that concerned about drinking and driving up here. I was shocked, in kansas if you get a DUI you are spending the night in jail for sure and most likely losing your license for a year. while you just get a ticket if you get busted for pot.
They seem to go to great lengths to arrest people for something they don't seem to have very stringent laws about.

Your first statement Is incorrect. The instrument takes a deep breath sample, analyzing the aveolar breath which ultimately provides the results. You can chew tic tacs, breath mints, mouthwash, etc and the fact it analyzes deep lung breath , they don't matter! Mouth alcohol is not measured. Breath alcohol is. Hence your BrAC%.... Breath Alcohol. The typical 0.xx results.



Don't let your lopsided, seemingly malicious view, confuse others.

[mrsleeve]

My mom told me that all the time as a teenager. Now, twenty years later, paying taxes makes me believe that the government isn't doing me any favors and granting privileges. Privileges are what prisoners have when they're good.

I carry concealed because it is a right. Yes I have to jump through regulatory hoops and licenses, but it is to exercise a right. The same goes for driving. I'll do the licensing and registration and every other bs way to take monies out of my pocket, but it is to exercise a right. The right to be free and pursue happiness. I suppose it is a semantic difference, but the word privilege makes me feel like daddy will let me watch my favorite cartoon if I'm a good boy.

I was just explaining the book 1984 to my son, and he didn't yet see the dangers of government control. He's only 12.

Damn "New Posts" button! I got lured into the P&R forum unintentionally. I swore I'd stay out of here to preserve my blood pressure.

Hey I 100% agree with everything you have said. You are absolutely right. I am only pointing out why the state can get away with it. (till there is something done about it but the SCOTUS iirc has up held check points)

You have the right to freedom of travel, but since there are many modes of transit, conditioning the Privilege to drive on certain things like blowing into a breathalyzer (most states have made you License contingent on that and you agree to that by signing the back of it) is with in the bounds of the law, Its the legal justification as the TSA's new freedom pat downs and Up-skirt scanners. You can chose not to blow, but since there is other ways to travel (all be it not a convenient and practical) they can take your License from you. Its a murky gray area in the legal system that is being used, even in flagrant violation of the principals of the 4th amendment

[ZM Blue Devil]

yeah all these "controls" and "regulations" are a pain. But thats part of makes this country the best. The value of life, go drive a car in other places in the world and you will demand there are such "controls" and "regulations".

[mrsleeve]

yeah all these "controls" and "regulations" are a pain. But thats part of makes this country the best. The value of life, go drive a car in other places in the world and you will demand there are such "controls" and "regulations".

Yes but a check point to stop and search you with out probable cause is the issue here. Not the rule and regs of the road.

[Frog]

The checkpoint. Reminds me of 1940s Germany.

LOL you watch a little too much of glen beck..


DUIs are a real problem. People drink and drive too much. Too many deaths are caused by drunk drivers.

For the safety of the public, we have to address DUIs. Not a surprise every civilized country has DUI checkpoints..

However, the judge on site, forcefully taking blood is wrong. You should be able to refuse and lose your license for a year, without having a DUI.

[joshh]

LOL you watch a little too much of glen beck..


DUIs are a real problem. People drink and drive too much. Too many deaths are caused by drunk drivers.

For the safety of the public, we have to address DUIs. Not a surprise every civilized country has DUI checkpoints..

However, the judge on site, forcefully taking blood is wrong. You should be able to refuse and lose your license for a year, without having a DUI.

LOL You watch too much Rachel Maddow.

Violating the Constitution "for everyone's safety" is exactly why they wrote the Constitution. So it doesn't happen.