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SCOTUS Decision: Strikes Down Warrantless DUI Blood Sample
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SCOTUS Decision: Strikes Down Warrantless DUI Blood Sample - April 17, 2013, 03:32 PM

+1 for Civil Rights.
Remember ladies and gents, god forbid you find yourself unsure of your status ALWAYS refuse all tests. A 1-year automatic DL suspension for failure to submit is immeasurably better than a DUI/DWI on your record.

Court rejects routine no-warrant DUI blood tests

WASHINGTON (AP) — The Supreme Court ruled Wednesday that police usually must try to obtain a search warrant from a judge before ordering blood tests for drunken-driving suspects.


The justices sided with a Missouri man who was subjected to a blood test without a warrant and found to have nearly twice the legal limit of alcohol in his blood.
Justice Sonia Sotomayor wrote for the court that the natural dissipation of alcohol in the blood is generally not sufficient reason to jettison the requirement that police get a judge's approval before drawing a blood sample.


Missouri and the Obama administration were asking the court to endorse a blanket rule that would have allowed the tests without a warrant.
Eight of the nine justices rejected that plea. Only Justice Clarence Thomas would have held that a warrantless blood test does not violate a suspect's constitutional rights.



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April 17, 2013, 03:36 PM

Pfft. Brothers sticking together again.....


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April 17, 2013, 03:45 PM

wow- so I can tell them to shove it, ride a scooter for a year and call it a win?


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April 17, 2013, 04:03 PM

Quote:
Originally Posted by storysunfolding View Post
wow- so I can tell them to shove it, ride a scooter for a year and call it a win?
Without conclusive evidence that you were intoxicated, which would of course involve testing, they could charge you with DUI but a good lawyer will be able to adjudicate and ask for something greater than circumstanial evidence.

Refuse any and all test. No walking the line. No eyes following the pen. No recite your ABC's backwards, or recite from the letter "G and stop at U".

Just shut your mouth and use your 5th Ad. right.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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April 17, 2013, 05:10 PM

Quote:
Originally Posted by Heist View Post
Without conclusive evidence that you were intoxicated, which would of course involve testing, they could charge you with DUI but a good lawyer will be able to adjudicate and ask for something greater than circumstanial evidence.

Refuse any and all test. No walking the line. No eyes following the pen. No recite your ABC's backwards, or recite from the letter "G and stop at U".

Just shut your mouth and use your 5th Ad. right.
FYI, you can refuse the on-site tests such as walking the line and the breathalyzer without penalty. The one you can't refuse without losing your license is the one at the station.
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April 17, 2013, 05:20 PM

who keeps on coming up with this retarded bill, and CISPA?


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April 17, 2013, 05:21 PM

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who keeps on coming up with this retarded bill, and CISPA?
All this shit serve to keep America outraged and occupied while the people in power keep fiscally fistfucking us


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April 17, 2013, 05:23 PM

This is pretty irrelevant for me since I barely drink but it's interesting and I'm curious about it. So what does happen if you refuse all the field tests? Won't you get arrested, finger-printed and take a mug shot? Maybe it's worth it but that doesn't seem like such a great outcome.


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April 17, 2013, 05:45 PM

Quote:
Originally Posted by RADAR Magnet View Post
This is pretty irrelevant for me since I barely drink but it's interesting and I'm curious about it. So what does happen if you refuse all the field tests? Won't you get arrested, finger-printed and take a mug shot? Maybe it's worth it but that doesn't seem like such a great outcome.
Either way you're getting arrested, finger printed, and a mugshot however:
(a) A DUI on your record is a Felony.
(b) A suspended license is a not.

Which would you want to carry around for the next 10-20 years?



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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April 17, 2013, 06:36 PM

Don't drive drunk and you won't have to worry about it. Simple.


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April 17, 2013, 07:17 PM

Quote:
Originally Posted by Heist View Post
Either way you're getting arrested, finger printed, and a mugshot however:
(a) A DUI on your record is a Felony.
(b) A suspended license is a not.

Which would you want to carry around for the next 10-20 years?
A DUI is a misdemeanor. At least the non-crash, non-injury variety.
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April 17, 2013, 07:44 PM

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Originally Posted by 2blueyam View Post
Don't drive drunk and you won't have to worry about it. Simple.

There are gradients. There's a difference between being a wholly irresponsible ass and jumping behind the wheel after a night of pounding Saki bombs, and getting behind the wheel after enjoying a great meal at a restaurant with a split or bottle of wine with friends and running into a road trap where you blow a shade over an arbitrary limit that doesn't factor your weight, metabolism, or that you're digesting a full meal.

Or worse, you blow into a machine that hasn't been calibrated and gives higher than normal, false results - as is what what took place in DC with their breathalyzer machines. Hundreds of DUI cases were handed out based on these machines.

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A DUI is a misdemeanor. At least the non-crash, non-injury variety.
Yes. Sorry, I should have made distinction. Still, for a host of reasons you absolutely do not want a DUI on your record. It's like herpes. It pops up at the most inconvenient times and never seems to go away.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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April 18, 2013, 05:20 AM

Quote:
Originally Posted by Heist View Post

Either way you're getting arrested, finger printed, and a mugshot however:
(a) A DUI on your record is a Felony.
(b) A suspended license is a not.

Which would you want to carry around for the next 10-20 years?
I don't know, I guess if you're drunk then refusing may be a better move but otherwise I don't think it's that hard to walk a straight line or say the ABC's and you get to skip everything entailed with being arrested.


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April 18, 2013, 05:32 AM

Quote:
Originally Posted by RADAR Magnet View Post

I don't know, I guess if you're drunk then refusing may be a better move but otherwise I don't think it's that hard to walk a straight line or say the ABC's and you get to skip everything entailed with being arrested.
I think the issue is that people are concerned with the questionable constitutionality of certain aspects of DUI control. For example, if you're swerving or whatnot, then there's probable cause, and a DUI test on the side of the road is reasonable.

Checkpoints? Questionable .

Taking someone's blood without a warrant? Hellooooooooo fourth amendment.

If I wasn't drunk, didn't have a wife and kid, and could afford the court costs, I might very well refuse at a DUI checkpoint.


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April 18, 2013, 06:02 AM

Quote:
Originally Posted by Fitz View Post

I think the issue is that people are concerned with the questionable constitutionality of certain aspects of DUI control. For example, if you're swerving or whatnot, then there's probable cause, and a DUI test on the side of the road is reasonable.

Checkpoints? Questionable .

Taking someone's blood without a warrant? Hellooooooooo fourth amendment.

If I wasn't drunk, didn't have a wife and kid, and could afford the court costs, I might very well refuse at a DUI checkpoint.
Yeah, I wouldn't mind playing along if I've screwed up and given an officer a reason to suspect I may be drunk; agree checkpoints are more questionable but am probably willing to tolerate if used strategically (around events with tons of consumption). That said, I also like that the decision helps to keep things in check.


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