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The DUI exception to the Constitution
#4
The DUI checkpoint thing has always bugged the living shit out of me, I simply don't understand how any court could find that practice constitutional.

Here in I-dee-ho, it used to be that you could refuse the breathalyzer, and pretty much just end up with a suspended license for a year...no DUI conviction. Now, they actually force you to do a blood test should you refuse the breathalyzer. But after reading that article, I think I'd willingly submit to a blood test...it sounds as if the science behind the breathalyzer is totally bogus.

I do remember the days when the BAC limit was .15, or .16...I wish he would have spent more time on that issue, and the reasoning behind the lowering of the limit (other than pressure from MADD). I've probably been pulled over maybe 3 times in the last 15 years or so for speeding. I guarantee at least one of those times, had I been tested, I probably would have blown a .08 or higher (right after a round of golf, in which I had probably consumed 8 beers or so)...but yet I spoke coherently to the officer, and even passed a mini-sobriety test (he asked me to recite the alphabet, of which I had no problem). I just got a rightfully deserved speeding ticket.

I don't know what the fairest way would be to go about determining if a person has had too much to drink in order to drive safely, but it defo appears that our current system is unfair, and unconstitutional. Alcohol obviously affects each person on an individual basis..and is clearly not cut and dry...yet a simple DUI conviction has the potential for really screwing up a persons life, whther they were too impaired to drive, or not. At the same time, somebody driving drunk has the real potential of completely fucking up another persons life, or in the worst of cases, ending an innocent persons life...so I can see where some type of limit needs to be established.

I would think the fairest way to do it would be to come up with a battery of motor skills tests that could be performed at the jail, inside, and away from the potential distractions cited by the author of the article (flashing lights, traffic, sloped easements, ect, ect.)
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RE: The DUI exception to the Constitution - by thekid65 - 02-26-2011, 01:54 PM