That's because it is always about the money. How much revenue is generated in increased number of fines, etc by decreasing the BAC laws?
A couple States (e.g. Minnesota and Nevada) have done economic impact studies, and found that reducing BAC reduces net revenues. First, the compliance costs of enforcement alone exceed any revenue gained. Second, it reduces alcohol excise taxes which are a significant source of revenue in many States.
This was discovered when the Federal government tied highway money to compliance with the 21 drinking age and .08 BAC limits. It turns out that the net revenue lost exceeds the highway funds at risk in most States. The Feds get compliance by appealing to the baser nature of politicians: money that is not paid out due to non-compliance is kept in an account by the Feds, which gets bigger and bigger every year. States that cave and create the required laws get all the back money they never got for non-compliance all those years plus a bonus percentage on top of that lump sum for coming back on the reservation.
Very few politicians can resist that jackpot of free un-earmarked money once it grows big enough, and that "free money" can quickly accumulate to being a non-trivial fraction of a State's annual revenue. Taking it in the ass for a massive cash windfall would make anyone else a whore, but the highway funds have shown that every politician has their price and not even a particularly high one at that.
One of my classmates in law school was arres...uh...kidnapped right after she pulled into her driveway - no harm done. When she read me the list of fines, fees, suspensions, classes, etc. she was put through, I could not believe my ears. And that was 7 years ago. I can only imagine how far they shove the cattle prod now. Of course it's about the money - she hadn't done anything to anyone. Money, and power.
i believe in most states, a refusal to test is the same as a guilty plea... no trial involved
Yeah - they call it "administrative suspensions" and pull your "license." For you see, a license suspension is not a criminal punishment - as, say, driving after you've had it pulled. Money and power.
You're right. And here's why. Most states now require drivers convicted of DUI to attend "drunk drivers school" -- a patented waste of time and effort.
BUT...you have to pay to attend these "schools". And who runs these schools? MADD and other "non-profit" organizations like it.
The so-called "enforcement lobby" is actually a special interest of its own, looking out for its own self. And nobody else.
It's a racket. No different than Planned Parenthood and the abortion clinics (though slightly less loathsome).