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"Intoxicated drivers beware this Christmas season: Police will not accept "no" for an answer.

Local law enforcement agencies and the Gregg County District Attorney's Office have planned a "no refusal" campaign through Jan. 4, Longview police said.

Officers will request a breath or blood sample from all suspected drunken drivers. If the driver refuses, the officer will obtain an immediate search warrant for a blood sample and take the driver to a hospital for the blood to be drawn.

Officers do not need a search warrant if suspected drunken drivers have two or more driving while intoxicated convictions, if they have a child passenger or if they are involved in a wreck where anyone is taken to a hospital for treatment, police said.

Gregg County District Attorney Carl Dorrough said most every law enforcement agencies in the county will participate in the campaign."

Not that I'm a proponent of driving and drinking, but I'm a strong proponent of my individual rights. Or at least the ones we used to be entitled to. The only good news is that by the time they drive you to the hospital around here and I suppose the ER services get around to you----you will have had plenty of time to sober up. Even the name----"no refusal campaign" irks me.
When did I lose the right to "refuse" and just have them drag me to jail? Especially if I have no prior record of DWI or DUI.

Love to hear your opinions on the legality of this draconian implacation.
 

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Enjoying Life
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I saw that on the local news also and thought what if they just want to make you take the test. You refuse ( have not been drinking) they haul your butt to get blood test, they impound your car, go through it find a firearm and ammo. Then what? You have to pay to get car out of jail and explain that you are going to be shooting with family over hoilidays thats why you have 500 rds of 22LR and 500 rds 223s . Could turn bad and cost you $$$. What would you do if stopped. I would take the test as long as it did not involve being stuck, on the spot, and move along down the road.
 

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Keeper of Tomes
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I saw that on the local news also and thought what if they just want to make you take the test. You refuse ( have not been drinking) they haul your butt to get blood test, they impound your car, go through it find a firearm and ammo. Then what? You have to pay to get car out of jail and explain that you are going to be shooting with family over hoilidays thats why you have 500 rds of 22LR and 500 rds 223s . Could turn bad and cost you $$$. What would you do if stopped. I would take the test as long as it did not involve being stuck, on the spot, and move along down the road.
I dont know about where your from but a refusal to take a test here comes with an automatic 1 year suspension of your license. In other places its different. In VA if you refuse and then are forced to via warrant and come up good you get your car out of impound and there is no charge. Just the fact that you spend at least one night in jail. Seriously though if you're not drink why refuse? Drunk driving is a major problem and carry to lenient punishments.
 

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they have been doing that here for years, pull into the check point, officer on both sides of the car and any hint of alcohol or other drug and they pull you out of vehicle and a cop drives your vehicle off the road while your being tested
 

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Urban I agree with you ( I dont drink and drive EVER) But a breath test could prove that, is all I am saying. It is my understanding that they will offer to give a breath test and if you refuse That opens the door for the Blood test. I would take the breath test no problem and be on my way. NiteFly22LR
 

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Gott Mit Uns
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Just my .02. A Cop is not going to go the blood test/warrent unless ABSOLUTLY needed. They do not want to deal with this hassel. Most hate DUI because it involves hours of paperwork, and it is one of the things your most likely will have to go to court for. I do feel it is an invasion of privacy to force somebody to get a needle in their arm. (Besides a Deputy I am also an RN:D:) They should have every right to refuse, however it is a requirement to consent for your license so that is gone. Choices everybody. Choose to drink an drive and choose result. For most people when they get their first DUI they have driven over 200 x's under the influence without getting caught.:mad:
 

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Go Galt? Go Danneskjöld!!
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When you requested the privilege of driving a motor vehicle on the public roadways.
Whatever happened to probable cause or reasonable suspicion? While most law enforcement officers will not abuse this, it is a recipe for potential abuse for some bad apples. As for me, I would rather not give law enforcement this kind of unfettered power.

When I requested a driver's license, I did not submit to waiving my due process.
 

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Look into the term "Implied Consent".
Avoiding the controversy of whether or not driving is a privilege or a right, I contend that by operating a vehicle on our roadways, you have given 'implied consent" to testing to determine your fitness to operate a vehicle.
In most jurisdictions, before a law officer can request a blood, urine, or breath test, the officer must have reasonable grounds to believe that the driver is intoxicated. If that criteria is met, I see no reason a driver should be immune from testing.

Draconian can also describe a society that will allow a drunk driver to operate freely on the road. We have evolved enough to prevent this.
 

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i agree nitefly22lr, its just amazing how many people they get. they setup a dui checkpoint at the end of my road.
my driveway is 1/2 mile long and where it meets the road there is a big field, across the road from me is and industrial complex and by nites end my field and the complex are usually full. now its not all dui, its alot of no insurance,drivers license,inspection but its just amazing how many people they get.
 

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Keeper of Tomes
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Whatever happened to probable cause or reasonable suspicion? While most law enforcement officers will not abuse this, it is a recipe for potential abuse for some bad apples. As for me, I would rather not give law enforcement this kind of unfettered power.

When I requested a driver's license, I did not submit to waiving my due process.
Whatever happened to doing the right thing? The police officer even the bad ones arent gonna wipe out a breathalyzer on everyone they stop. However, if they smell a wiff of alcohol they should have that right. You are operating an extremely dangerous weapon and an extremely high speed. You are operating this weapon in and around innocent people. You have no right to operate a vehicle. Its not inferred in the Constitution hence it falls under the government's discretion. I personally feel this is a great thing. As i'm sure most people do. It's also perfectly legal. "If the driver refuses, the officer will obtain an immediate search warrant for a blood sample" right there is your due process. The cop asked, you refused, and the cop got a search warrant. The even get a search warrant immediately so as to not keep you detained to long. So its swift due process. If only all cases could move this fast.
 

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trukboss I hate the idea in general of check points, But knowing that drunks and druggies are off the road eases my mind a bit while im on the road or my Kids or my Wife and the ones I love and care about. I stay legal and expect other to do so.
 

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The Hammer & Anvil
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"Intoxicated drivers beware this Christmas season: Police will not accept "no" for an answer.

In Alabama any refusal for a breathalyzer or field sobriety test equals instant suspension of license, I think it may be revoked. And your arrested and taken to have a blood test. This is a well known condition of having a drivers license here.

Local law enforcement agencies and the Gregg County District Attorney's Office have planned a "no refusal" campaign through Jan. 4, Longview police said.

Officers will request a breath or blood sample from all suspected drunken drivers. If the driver refuses, the officer will obtain an immediate search warrant for a blood sample and take the driver to a hospital for the blood to be drawn.

I guess for those that object, the good news is you won't be the only one in line for a blood test and if your local area hospital is like mine even if it were a life threatening emergency it takes 20-30mins to get blood drawn sometimes even longer. As long as you end up below the legal limit you will be released. Now about your car being impounded and your loss of half a night... Well you know how that goes.

Officers do not need a search warrant if suspected drunken drivers have two or more driving while intoxicated convictions, if they have a child passenger or if they are involved in a wreck where anyone is taken to a hospital for treatment, police said.

I hate to say it, but living in a state where DUI is popular and thought of being not such a big deal, where folks I know have 3-5 of them already.... And that my father was rear ended by two people leaving a party going 60 and broke his back in three place and disabled him permanently when I was only in second grade its a good things. I have zero tolerance for those over the limit. Notice I said OVER THE LIMIT.

Gregg County District Attorney Carl Dorrough said most every law enforcement agencies in the county will participate in the campaign."

Generally this means their is an epidemic going on, most da's and police chiefs, and or mayors will not sign off on this type of thing as the benefit in terms of gained fiscal versus potential loss is always a crap shoot.

Not that I'm a proponent of driving and drinking, but I'm a strong proponent of my individual rights. Or at least the ones we used to be entitled to. The only good news is that by the time they drive you to the hospital around here and I suppose the ER services get around to you----you will have had plenty of time to sober up. Even the name----"no refusal campaign" irks me.
When did I lose the right to "refuse" and just have them drag me to jail? Especially if I have no prior record of DWI or DUI.

I am also not a proponent of DUI. You gave up your individual right by signing for a drivers license. This is 100% legal by that criteria. I find it a bit odd though they are demanding a blood test when 99% of the time a quick blow in a breathalyzer will be good enough, if you fail a breathalyzer usually you will be given a field sobriety test on camera and then taken to a hospital for a blood test. If you pass your good to go, if not your facing $10k + to get out of it.

Love to hear your opinions on the legality of this draconian implacation.

If you have no priors and you give the officer no reason to suspect, as in real reason like actually being intoxicated then I see no reason for him to ask you to submit to a test, I would be very upset even all things said if I was asked to a take a blood test when a breathalyzer would have proven 0.0 bac.
Seems like this may have started for a good reason, but then a group or individual got a hold of it and twisted it into another exercise for obeying the man and showing if you don't they will waste your time.

Just don't drive where the road blocks are, sometimes people post on msg boards in my local area, as they also do no insurance blocks, DUI blocks, and illegal immigrant blocks, and the run your lisc for warrants blocks in my area. All at 2am too none the less... Lots of cars get impounded, lots of folks needlessly get put in jail all weekend long and then have to pay $500 to get car back and some huge fine on top of whatever problems they already had. Sounds like a setup to me and I hate it.
 

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Many years ago politicians started telling us we didn't want opportunity anymore; we wanted security. We don't want opportunity, we want security. And then they gave us chains and we were secure.
 

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i been out with friend and been the d,d and never been stoped ..i been alone comeing back from some girl house or been to a late movie and gone though a dui checkpoint and it seams i get the one officer who lives for the overtime that a dwi makes ..

i was just in va and got stopped by a rolling dui check point and the guy did not think it was funny when i asked have you been drinking tonight ..i add have you been drinking tonight sir ..he give me a funny look and i told him no but if got any booze you want to give away i going to a party and i think it will be used to a good cause sir ..he give me a look like you are a smart a---- and wave me though ..my daughter and her girlfriend are laughing and when we drive away my kid tells me one day dad your beening funny at three am in the morning is not going to taken very well..i told her iam sober and not drunk and my driveing is normal for a 50 year old guy with glass at three am in the morning ..for we had went out to get her friend car who had broken down and she called my kid to see if she could come and pick her up from the garage where she had the car towed to ..we went and picked her up and went and got something to eat also and was on the way back home when we hit the rolling dui checkpoint .. i told her this after we where though the checkpoint .. if it bothers him that much he needs to get into a another line of work then for he should be able to tell if you been drinking or not in about 10 seconds or less ..plus he the typle of officer that has not learn that the 3 am in the morning is the most fun time of all on the dept you work for that when you really get into some fun stuff that goes down at night ..

i knows that the guys who drink for a liveing are harder to tell sometimes but come on you should be able to think and figure out when someone has to much to drink ..
 

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Whatever happened to probable cause or reasonable suspicion? While most law enforcement officers will not abuse this, it is a recipe for potential abuse for some bad apples. As for me, I would rather not give law enforcement this kind of unfettered power.

When I requested a driver's license, I did not submit to waiving my due process.
Look on your states drivers license application form. There may be a section called "Implied Consent". That is the section that says by getting the privilege of driving on the public highway means you consent to a blood alcohol test. Refusal usually leads to suspension of your license for a year or so.

Probable Cause, or Reasonable Suspicion is developped when an officer:

1. Observes a vehicle code violation or contacts the driver at a DUI check point.
2. Detects an odor of alcoholic beverage on the breath of the driver
3. Driver fails Field Sobriety Test.

In a nut shell, the officer has Probable Cause to believe the driver is DUI and can request a BAC. If he gets a warrant, it's an order by a judge to collect the sample.
 

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Look on your states drivers license application form. There may be a section called "Implied Consent". That is the section that says by getting the privilege of driving on the public highway means you consent to a blood alcohol test. Refusal usually leads to suspension of your license for a year or so.

Probable Cause, or Reasonable Suspicion is developped when an officer:

1. Observes a vehicle code violation or contacts the driver at a DUI check point.
2. Detects an odor of alcoholic beverage on the breath of the driver
3. Driver fails Field Sobriety Test.

In a nut shell, the officer has Probable Cause to believe the driver is DUI and can request a BAC. If he gets a warrant, it's an order by a judge to collect the sample.
he right guys all states have some form of implied consent on there forms for apply for a drivers lics about dui and other inpairments of the driveing under the influnce of drugs or booze or any other form of inpairment
 

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In the state of GA. you have the right to refuse. However you lic. can be susp. if you do not file a form with the D.P.S. in ten days (10 day rule).
 

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Whatever happened to probable cause or reasonable suspicion? While most law enforcement officers will not abuse this, it is a recipe for potential abuse for some bad apples. As for me, I would rather not give law enforcement this kind of unfettered power.

When I requested a driver's license, I did not submit to waiving my due process.
reasonable suspicion is why you get pulled over in the first place. drunk driving should be a felony.
 
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