August 2008 - Posts

• Blood Draws in the Back Seat by the Dashboard Light

  A few years ago, citizens suspected of DUI were given a choice to submit to either breath, blood or urine testing for alcohol concentration.  In the hysteria of MADD’s "War on Drunk Driving", however, things have changed.  Today, citizens (supposedly presumed innocent) are being told they must submit to a blood test — and, if they refuse, are being [...] Posted Aug 30 2008, 09:28 AM by DUI BLOG Filed under: Duiblog

• You Knew It Would Happen…

  Well, I suppose it was a logical inevitability.  Mothers Against Drunk Driving has pressured legislators into passing Draconian laws, intimidated judges into ignoring due process, and now….. MADD Volunteers Hit Road for DUI Enforcement Pilot Program Launches Labor Day Weekend in Florida Manatee County, Fla.  Aug 27   -  In a "first in the nation" pilot program developed by Mothers [...] Posted Aug 28 2008, 09:31 AM by DUI BLOG Filed under: Duiblog

• Alcoholics and Breathalyzers

  It may not surprise you to find out that alcoholics arrested for DUI will generally have higher blood-alcohol readings. It may surprise you, however, to learn that individuals having the disease of alcoholism will generally have higher blood-alcohol readings because they are alcoholics….. That’s right. It’s because the physiology of alcoholics is different in some important respects. One of those [...] Posted Aug 26 2008, 08:32 AM by DUI BLOG Filed under: Duiblog

• Why Is MADD Pushing Ignition Interlock Devices?

  As has been widely reported in the nation’s media, Mothers Against Drunk Driving has been aggressively pushing state and federal legislators to require ignition interlock devices (IIDs) to be installed in vehicles.  MADD’s President has even publicly stated that IIDs will "eliminate drunk driving once and for all".  Of course, automobile manufacturers have jumped enthusiastically on this.  [...] Posted Aug 20 2008, 11:35 AM by DUI BLOG Filed under: Duiblog

• The Drinking Age Debate: MADD vs College Deans

  The debate over the minimum drinking age has continued for decades, with the recent focus being on whether it makes sense to send American youth to fight and perhaps die in foreign countries – but not to drink alcohol.  Our generals have expressed strong views on the subject.  See  MADD vs USMC.  Mothers Against Drunk Driving, ever vigilant [...] Posted Aug 19 2008, 09:40 AM by DUI BLOG Filed under: Duiblog

• Ignition Interlock Devices: The View from the Prosecution

  I’ve railed in past posts about the ineffectiveness of ignition interlock devices (IIDs).  See The Truth About Ignition Interlock Devices.  This latest sure-fire weapon, which MADD loudly claims will "eliminate drunk driving once and for all", is currently sweeping the country. We know what the Mothers think.  What about the prosecutors in the trenches? Prosecutors Express Doubt About New DUI Law Jacksonville, IL.  Aug. [...] Posted Aug 18 2008, 01:57 PM by DUI BLOG Filed under: Duiblog

• Another Life Sentence for Drunk Driving

  So what do you do with someone who has the genetic disease of alcoholism – and continues to drink and drive?  Get him treatment for his disease?  Or maybe you throw him in prison for the rest of his life…. Wichita County Man Gets Life Sentence for 10th DWI Wichita Falls, TX.  Aug. 8  -    A man with [...] Posted Aug 14 2008, 10:42 AM by DUI BLOG Filed under: Duiblog

• The Slow Death of the Fourth Amendment

  The Fourth Amendment to the United States Constitution protects American citizens from being subjected to police intrusions without "probable cause".  The Michigan Supreme Court held that DUI roadblocks violated this constitutional protection.  On appeal to the U.S. Supreme Court, however, that decision was reversed.  In a 5-4 decision, the Court found a "DUI exception" to the Fourth Amendment.  Although admittedly [...] Posted Aug 12 2008, 03:41 PM by DUI BLOG Filed under: Duiblog

• DUI Logic

  For those of you unfamiliar with the logic of The War on Drunk Driving, consider the following story from yesterday’s news… Recent DUI Checkpoint A Success Pittsburgh, PA.  Aug. 6  -  The final statistics have been assessed from a recent sobriety checkpoint conducted by the West Hills Task Force in Stowe Township.  Police checked 275 vehicles that went through [...] Posted Aug 07 2008, 04:14 PM by DUI BLOG Filed under: Duiblog

• “Slurred Speech”

  As with the odor of alcohol on the breath, few police reports will fail to include an observation by the arresting officer that the arrestee exhibited “slurred speech”. (See my earlier post, “Alcohol on the Breath: Evidence of DUI?”).  The officer fully expects to hear slurred speech in a person he suspects is intoxicated, particularly [...] Posted Aug 06 2008, 12:08 PM by DUI BLOG Filed under: Duiblog

• DUI Logic: Roadblocks Effective Because They’re Ineffective

  Ok, so DUI roadblocks (aka "sobriety checkpoints") are a violation of the 4th Amendment.  But the Supreme Court found a "DUI exception", ruling that although it is a violation of our rights, it is only a "minor intrusion" which is "outweighed" by government’s interest in identifying and arresting dangerous drivers.  Sitz v. Michigan.  But since then it has [...] Posted Aug 01 2008, 11:52 AM by DUI BLOG Filed under: Duiblog