Nobody wants themselves or a loved one to get hit by a drunk, but this is ridiculous. A government that can do this can do anything.
F*** LaHood, that harpy from MADD, and MADD.
If you have nothing to hide, you should not object to this. Big Brother is watching.
If this is just regular fixed DUI checkpoints it is old news. If they are making people take a breathalyzer on any routine traffic stop, or having some sort of roving patrol it is probably unconstitutional.
This is unconstitutional. In order for a Judge to issue a warrant there must be probable cause. Refusal to submit to a BAC test is NOT probable cause. Watery, blood shot eyes, slurred speech, unsteadiness on feet, odor of alcohol might, under the totality of the circumstances, amount to reasonable suspicion or probable cause but simply refusing at a "check-point" is not enough to support a warrant for a blood test.
I wonder what idiotic judges are going to go stand on the side of the road on New Year's Eve to issue warrants.
Shitty article, mentions nothing about challenges in appellate court. Surely there's been some appeal made on this.
Jerry is a Jedi wrote:
This is unconstitutional. In order for a Judge to issue a warrant there must be probable cause. Refusal to submit to a BAC test is NOT probable cause. Watery, blood shot eyes, slurred speech, unsteadiness on feet, odor of alcohol might, under the totality of the circumstances, amount to reasonable suspicion or probable cause but simply refusing at a "check-point" is not enough to support a warrant for a blood test.
I wonder what idiotic judges are going to go stand on the side of the road on New Year's Eve to issue warrants.
Interesting. I don't see how refusal to submit to a test is enough for probable cause for a test. Then again the officer can claim the smell of booze is probable cause. This could certainly be overturned in an appeals court.
I prefer states like Washington. Issuance of a driver's license is a contract that requires that you submit to a breathalizer test upon request. Failure to do so results in a suspension of your driver's license. Now you can still be forced to take a blood test if you are caught and actually arrested for reckless driving, hit and run, etc...but at a checkpoint? They would just suspend your license for refusal...and you can enjoy your year not being able to drive.