Good. The state should never be given the benefit of the doubt when it comes to anything.
The technology is sound, and is almost always followed up with a blood test once the guy gets to jail. For people who come into the ER following an accident, blood is ALWAYS taken for a BAC and drugs of abuse.
The problem is defense loyiz who will throw whatever they can, regardless of how ludicrous it is, up against the wall, hoping some of it will stick.
If you blow the field sobriety test, blow the breathalizer and blow the blood test, you have no defense. Pay your fine, lose your license and watch your insurance rates (assuming you can find another insurance company to issue you a policy) go into low orbit.
Solve that, do a BAT.
In my opinion, we aught to reform the drunk driving laws. It’s like we are charging people with “pre-crime” ala Minority Report. If a drunk commits a crime, charge him with the actual crime, and then suspend his license.
Right now, we’re making criminals of a lot of people up for having a couple drinks who are no more impaired than the idiot talking on his cellphone or the woman putting her makeup on during rush hour.
Not to mention, we’ve tossed aside the 4th Amendment with these random roadblocks, even though studies have shown time and again they are not effective in catching drunk drivers, but are instead used to rack up minor violations to pad government budgets.
Can’t help noticing that the BAC minimum for being drunk back then was 0.15...now it is 0.08. What changed that much? I get MADD just thinking about it.
Seems to me that the amount of alcohol it takes to impair someone is dependent on how often and how much they drink. A non drinker can be totally wasted on one beer, and will have no effect somebody who drinks regularly. Yet their blood alcohol level will be the same if their weight is the same.
Where does the money go see its easy the police state needs more cash they have no desire to be reasonable!
I bet not many people can define the real legal definition of a criminal charge on this site.When you study the issue you may be PISSED!
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The professional drunks with high blood alcohol levels are safer drivers than the amateur drunks with lower blood alcohol levels. People who can prove that they are more or less always drinking should be given more slack than the crazy amateurs.
the defense should ask the judge to blow into the little tube to demonstrate the machine...
that should get a quik dismissal.