DUI Laws Forcing Unconstitutional Blood Draws


July 2, 2013 by Liberty


Georgia is bumping up the creepy scale as it makes it’s optional breathalyzer tests about as optional as taxes. The cops are using a refusal to submit to a breathalyzer as a reason to get a search warrant that allows them to forcibly draw blood. Bear in mind, this a misdemeanor that they’re being strapped to a table and drawn from for. Their blood is getting taken and held by the government of the United States for something as natural as the fifth amendment. You do not constitutionally have to help the police build a case against yourself unless of course, the law gets in the way.

The legality of this case doesn’t matter. Let’s face it. It’s legal. It’s as legal as every insanely unconstitutional law on the books. The law was written to build the government selected industries. It was not created with the constitution in their minds. It certainly wasn’t written to help people become safer.

One thing that I feel the need to note: I don’t drink. Quite frankly, I don’t like hanging out with people drinking. I find the whole thing a bit unpleasant but, as with most issues, it’s none of my business. As long as they’re not hurting anyone else, I don’t care. I want to stop drunk driving as much as anyone here. (Possibly more. I’ve had family hurt by it. Forgive me if I don’t treat drinkers fairly but I’ll definitely be trying.)

How To Not Stop Drunk Driving

The idea that drunk driving can be stopped with policing is absurd. The government has tried to reduce alcohol consumption for years. It even tried prohibition. People drink by choice. The laws do no matter to them. Making a law that makes drinking inconvenient will not work.

People that drink and drive just do not care about the laws for a few reasons. First of all, they’re drunk. That means they aren’t capable of making intelligent decisions. Second, they drive to the bar. They plan on drinking. They plan on coming home. These aren’t idiots. They know that they’re putting lives on the line and they don’t care. Why then… would they care if they get a big fine? They’re willing to kill for their stupidity.

Fun fact that makes the whole idea ridiculous: “The researchers, Vince Calhoun and Godfrey Pearlson of Yale, found that the first drink appeared to produce a slight impairment of gross motor activities. But the subjects actually drove a little better, and a little slower, apparently aware of their possible impairment, than they did when they were completely sober, Pearlson said.

People self regulate. What happens when you put the threat of getting arrested for driving suspiciously carefully?

You get people trying to drive normally instead of accounting for their Gross Motor limitations. That increases the danger for everyone on the road.

We are all at more risk when the cops increase the threats used against drunk drivers. They will try harder and harder to be normal and be more and more dangerous as a result.

The Problem Is An Incentive

Hopefully, after someone gets arrested they’ll come to their senses and learn to not drink and drive… The statistics prove that’s not true. In fact, they’re more likely to get in trouble for more driving crimes in the future. That is odd, isn’t it?

When the police get involved, the problem gets worse…

It’s actually not that odd when you think about it. The police have an incentive to make the problem worse.

The policing industry has been growing for decades. The drug war created millions of new jobs based on the unnecessary incarceration of millions of Americans. As the police got involved, drug purchasing and use became more dangerous. The police just got more involved using the increase dangers they caused as an excuse. A similar case appears to be happening with the driving industry. It’s getting to the point where real violent criminals are becoming an after thought.

The police are naturally incentivized to prosecute criminals that make them a large profit. Drunk driving has absurd fines and produces significant long term income potential for the police in the future. (Remove license and catch them in the act for another fine.) Considering how easy it is for police to convict them, it’s almost a given to put more effort into catching drunk drivers than killers.

What do police get for catching killers? No income there.

While this isn’t the only force involved, it’s something that needs to be considered.

Real Solutions To The Problem

When laws are not a factor, drunk drivers drive more carefully. When laws are a factor, drunk drivers attempt to drive at full speed to not get caught. That means it’s more dangerous trying to stop these people by force.

What are some REAL solutions to drunk driving?

Insurance companies charging more for cars without breathalyzer tests: Drunk drivers are a major risk for insurance companies. They have as much incentive as anyone in a free market to stop the problem from getting worse.

Bars Requiring People Drop Off Keys After A Certain Number Of Drinks: If the neighbors of the bar insisted, the owner would gladly (or begrudgingly) participate to help the problem of the complainers go away. With enough social pressure, they’d be sure no one left that was unsafe. If the bar owners refused to listen the town could gladly help them make that decision right.

Social Pressure: We don’t need to punish the people that drink and drive. We need to make the dangerous ones feel like scum of the earth. Don’t ride with drunk drivers. Don’t speak with them. Don’t hire them. Don’t associate with them. If widespread social change was allowed to happen, without the violence, most of the problem would go away.

Naturally, no solution (especially the police one) is perfect. There are going to be people taking unnecessary risks. That’s why we need to give make sure they don’t feel the need to make it more dangerous for the rest of us. When we make them feel the need to hide behind a guise of normal speed, we also suffer the consequences not just the drunk drivers.

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6 thoughts on “DUI Laws Forcing Unconstitutional Blood Draws

  1. wanda says:

    If you are not driving while under the influence, you have not reason NOT to take the breath test , if you are, you need to be in jail…drink at home……..do not risk killing anyone else or yourself

    • Liberty says:

      My article explains why I believe the harsher treatment nullifies the value of the law but here are a few quick reasons people shouldn’t take the breathalyzer test:

      -ethyl alcohol tested by the breathalyzer could also be acetone (common in dieters and diabetics) that means they could score high despite not drinking.

      -some breads provide similar high ratings without alcohol in the blood.

      -Environmental substances like painting can increase the numbers.(cleaning fluids, gas, etc.)

      -If not calibrated to body temperature it will be off 8%

      -Alcohol to breath varies from person to person but most machines assume 2100 to 1

      -Breathalyzers lower BAC when a person is hyperventilating (not relevant to my point other than the inaccuracy)

      -Hematocrit varies from person to person affecting results

      “Readings are expected to be 23% higher than with the blood test without human error”

      Human error in calibration and administration also increases the accuracy errors.

      Assume you get hit by an inaccurate reading. You might:

      Lose your job.

      Have to pay thousands of dollars.

      Lose your license.

      Get ostracized.

      All… despite the fact that you’re innocent.

      I highly recommend that people don’t take the risk whether they’ve been drinking or not.

  2. Extraordinary information and facts involving this subject.
    Thanks for posting.

  3. Langie says:

    I am a gregarious person. and because I live in a small town in which I have no relatives my time is spent volunteering for various groups, some artistic, some altruistic. My close friends and most people around me drink alcohol, to different degrees, but in comparison to most of them I am the person who sips one drink in the same amount of time it takes most of them to sip three. I am also a very good and cautious driver, other than being hit from behind after I stopped for a schoolbus I haven’t had any accidents in my 20 years of driving. After a ridiculous ‘stop’ of which I didn’t become aware until the policeman approached me outside of my recently parked car, outside of my building, I refused to blow (I had been at a party, in which I had consumed two pints of ipa beers over the course of 5 hours). My refusal stemmed on knowing my rights, not on fear of a high bac. I was arrested, my car towed, and a search warrant for my blood was obtained under false claims from the officer who mainly disliked my confident attitude. To my surprise, almost 2 months after, my results came back indicating that my bac was 0.11, and they’re trying to charge me with a DUI. I am fighting it as hard as I can (no funds to hire a private attorney) and I’ll be going to trial almost 9 months after it happened. In the meantime I am restricted from driving, from being at places where ‘alcohol is chief item of sale’, and from drinking any alcohol at all. For sure this is unconstitutional, I’ve lived in other states and I’ve never heard of such a thing. Have you?

  4. […] DUI Laws Forcing Unconstitutional Blood Draws […]

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