‘No Refusal’ checkpoints turn the Constitution on its head.
Posted by iusbvision on December 31, 2010
The cops pull everyone over at a checkpoint and demand that you take a breathalyser. Breathalyzers are unreliable so a citizen can demand to be taken to a hospital and get a more accurate blood test. Many take that option. To get around this police are setting up a checkpoint and they have a judge right there who signs a warrant to have medics give you the blood test on the spot.
Talk about taking the Constitution and the 4th and 5th Amendments and turning them on their head. The due process right is blown because the judge is acting as an agent for the police. He is not impartial at all. This also brings up a big fat Separation of Powers argument. The constitution is clear that the state cannot take the guarantee of refusal of consent of an illegal search as probable cause.
The stats that 50% of accident related deaths involve alcohol is misleading as that number also includes sober people who hit legally intoxicated drivers. Some say that texting, lack of sleep, and arguing with your spouse make a driver more impaired than a driver who has had .08 BAC.
More – LINK.