While I’m totally against driving while intoxicated I seem to remember reading something in an old dusty document once about the right to refuse to give evidence against yourself in a criminal proceeding.
Don’t this seem odd, you have the right to remain silent but we are going to get your breath, blood etc... even if we have to hold you down and take it from you by force.
I didn’t think of that.
Quaint old document. Not applicable to modern times. How long before we are subject to forced blood draws for cholesterol checks?
You’re right, but there is a simple and constitutional solution to this problem. If the refusal of the driver to submit to a blood alcohol test compromises investigations, there is a simple solution. It’s otherwise known as night court.
Arrest the driver on suspicion, an absolutely legal reason. If he refuses the test, bring him before the judge, who can issue the warrant for the search. The odor associated with the consumption of alcohol is not protected under the fifth amendment. If you stink like a drunk, you stink like a drunk.
The judge issues a warrant and your blood is drawn. This could be done in minutes, except that it goes against the grain and it makes judges work night hours they would rather not do.
So to hell with the constitution.
Yeah, adios, 5th amendment.
This isn’t the 5th Amendment though in this case; it is the unreasonable search and seizure.
With the judge’s warrant, that is taken care of.
It still is shady.
I think the cops would stop all of this if you can convince the judges to just take their word for it, you were drunk.