Law To Close DUI Loophole

[TheeBadOne]

El Tejon typo, wife was yakking at me on the way out the door. Corrected now, thanks for the heads up, didn't make much sense that way.

 

[XLMiguel]

I perhaps mis-spoke in stating that a refusal to submit is 'an admission of guilt'. It does get your license pulled on the spot, though.

As far as 'onerous' goes, IMO, it's one more 'tool'; an overzealous cop (or one with an agenda) has to mess with the citizen under what may be dubious circumstances. It's pretty much a given that if a cop wants to jack you up, they can co so with relative impunity (at least the first time), and there isn't a thing you can do about it at the time, your only recourse is through the courts - an expensive and time consuming proposition where you still may not see 'justice'.

 

[sm]

TBO
El T

I understand your point, and I'm familar with Implied Consent. Once upon a time I was young and stupid. I'm not proud of the fact I "may have been been guilty of some infractions'. *ahem*. Now I would have to check current DWI/DUI here in AR, but at one time , a person could refuse and request instead the blood or urine test at their expense.

Now I have stated before I have the utmost respect of LEOs, I have been on ride-a-longs, and as best as a civilian can experience the "pucker factor" when an officer pulls a vehicle over and approaches that vehicle. [ like unlock the darn shotgun ,I may be CCW-ing but I'd feel better with the Ithaca too , yeah so other officers are here...I'm still puckering ]

I guess my mixed feelings come from the fact in any profession there are bad representatives, I had them in mine. All this Homeland Security, and Gummit meddlin ain't helping either.

I understand the dissapation of mouthwash, the fact is the person was delayed, life happens- I know.

Now I'm a bit rusty but IIRC some persons with Gastric problems will register on the meter. [ It may even be a side effect of a person whom has had a Gastric Bypass Operation- depends on individual of course]

So "reasonable and prudent" judgement would say okay you may submit to the blood/urine test in lieu of the meter, with no loss of license at this point.

I guess my concerns during a roadblock some night, and some GB person gets "subjected to a test without probable cause... and well I guess at that point all has gone to hell anyway. We won't mention the TSA pulling the roadblock to check 'citizens" papers...if it ever get that bad.

I know not all "sucking sounds" are my rights vanishing...some sure are scary close tho'.

 

[TheeBadOne]

Now I'm a bit rusty but IIRC some persons with Gastric problems will register on the meter. [ It may even be a side effect of a person whom has had a Gastric Bypass Operation- depends on individual of course]

Nope.