Ohio Blood test

unkbill · Post by **unkbill** » Sat Feb 04, 2012 8:13 am

Go ahead and refuse the breatalizer test. We will get a judge to let us take your blood. Bowling Green is about 30 miles south of here.

http://consumerist.com/2012....ts.html

Post by **GORDON** » Sat Feb 04, 2012 9:15 am

Refusal of a breathalyzer automatically results in your license getting suspended for a year... but that isn't good enough?

I'd tell them I have AIDS, and to go for it.

Post by **thibodeaux** » Sat Feb 04, 2012 12:16 pm

GORDON wrote:Refusal of a breathalyzer automatically results in your license getting suspended for a year

How is that constitutional?

Post by **GORDON** » Sat Feb 04, 2012 1:06 pm

TFA says this:

Bowling Green's City Prosecutor Matt Reger disagrees, saying when a driver gets a license, they're implicitly agreeing to submit to a breath test. As for those blood warrants, they must show probable cause to obtain one.

/

Post by **Cakedaddy** » Sat Feb 04, 2012 3:48 pm

thibodeaux wrote:
GORDON wrote:Refusal of a breathalyzer automatically results in your license getting suspended for a year
How is that constitutional?

Where is driving covered under the constitution?

Like they say, "It's a privilege, not a right".

If they think you are operating unsafely, they can take you off the road. If you'd like to show that you are sober by blowing, by all means, do it. But if you don't, you lose the privilege based on your current driving ability. Hell, even if you pass, I think you should lose your license. If you drive like a drunk idiot while sober. . . you have no business behind the wheel.

Post by **thibodeaux** » Sat Feb 04, 2012 4:26 pm

Cakedaddy wrote:Where is driving covered under the constitution?

Ninth Amendment.

But the point was about not being required to incriminate yourself or prove your innocence.

Post by **Cakedaddy** » Sat Feb 04, 2012 7:20 pm

I had a long post, but really. . . fuck 'em. Really? We are worried about the 'rights' of people who are stupid, selfish, idiotic, etc enough to drive after drinking? I mean really. We are talking about people who think they are better than the rest of us and can handle DUI with an 'it will never happen to me' mentality. If they are stupid enough to think it's ok for THEM to drive under the influence then fuck them. They obviously don't have the capacity to make rational decisions and society NEEDS to be protected from them. Their decision puts me and mine at risk. If there was a special 'fuck tards' only road where they are only killing each other, that would be one thing. But they are on MY road. Well, fuck that. So, ya, fuck 'em.

Post by **thibodeaux** » Sat Feb 04, 2012 7:44 pm

Why are YOU worried about the actions of strangers that have not harmed you?

I'm worried about MY rights. In some states, the police can forcibly draw your blood. Why not? I mean, fuck 'em, they're breaking the law right?

As for DUI itself, the legal limit in most places is 0.08%. Which is ridiculous, because that's not really a level where people are impaired. In the second place, I'm not convinced a breathalyzer is that accurate anyway. Finally, if somebody's driving recklessly, who cares if he's drunk or not? Why does everything have to be super extra special illegal?

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unkbill · Post by **unkbill** » Sat Feb 04, 2012 8:01 pm

Maybe if they refuse the blood test lets just let them break out the blinding light and the rubber hoses.

Post by **Cakedaddy** » Sat Feb 04, 2012 9:50 pm

Why are YOU worried about the actions of strangers that have not harmed you?

Yet.

I'm worried about MY rights. In some states, the police can forcibly draw your blood. Why not? I mean, fuck 'em, they're breaking the law right?

I'm not sure what you mean here. Not sure if there is sarcasm, truth, or what.

As for DUI itself, the legal limit in most places is 0.08%. Which is ridiculous, because that's not really a level where people are impaired. In the second place, I'm not convinced a breathalyzer is that accurate anyway. Finally, if somebody's driving recklessly, who cares if he's drunk or not? Why does everything have to be super extra special illegal?

I don't know where .08 came from. Lowest common denominator? .08 affects different people in different ways. Should there be a sliding scale based on weight? I don't know. Accuracy of the tester? Don't know that either. I'm guessing it's pretty accurate. I guess I trust them there. Lastly, I agree. As stated above, if you are pulled over under suspicion of DUI but you are sober. You've got issues and should not be driving.

And ya. Drunk people should be able to dodge punishment by simply refusing a test. That's smart.

My wish for people who drink and then drive:

When they kill someone, it turns out to be someone in their own family. And as it always happens, they walk away from the accident. Now they get to face their own family forever knowing they killed one of their own. It sucks that the person who obviously could care less about other people never really have to deal with the consequences of their actions. They didn't care about the person enough when they were alive to not kill them. They still don't care about the person after they are dead and don't care about the people affected by it either. The punishments for people that endanger other people with their actions aren't strong enough.

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Post by **GORDON** » Sat Feb 04, 2012 10:42 pm

I've said it before, I will say it again: there will come a point where you will be scanned every time you leave your house for explosives, drugs, and blood alcohol levels. Honestly, in some ways we are already there. Some will say, "You say that like it is a bad thing, because I want to feel safe," but I personally think it is a massive affront to the principles upon which this country was founded. I don't want to live in that place.

unkbill · Post by **unkbill** » Sat Feb 04, 2012 11:05 pm

Lets not forget signing your life away when you buy a hunting licence. Of course if you don't agree one could aways not drive or not hunt.

They may be able to come into the home of a licensed hunter, if by virtue of the hunter having purchased a license he agrees to such searches, but the government does not have the right to search your home without warrant

Post by **Cakedaddy** » Sat Feb 04, 2012 11:14 pm

I don't see how you driving recklessly on the highway, being pulled over and investigated to determine the cause of your dangerous activities is even close to being scanned when you leave the house.

One is based on probable cause. The other is based on. . . . irrational thought?

Post by **GORDON** » Sat Feb 04, 2012 11:35 pm

Cakedaddy wrote:I don't see how you driving recklessly on the highway, being pulled over and investigated to determine the cause of your dangerous activities is even close to being scanned when you leave the house.

One is based on probable cause. The other is based on. . . . irrational thought?

In what way are DUI checkpoints, which pull everyone over, probably cause?

Post by **Cakedaddy** » Sun Feb 05, 2012 3:42 am

Those aren't. And I'm not a fan of those. I've never been stuck in one. But wouldn't be happy if I was. I'm all for those going away.

Post by **TPRJones** » Sun Feb 05, 2012 10:28 am

In a world where the cops are good guys who are there to protect the public and uphold the law, everything you say makes sense Cakedaddy.

Sadly, we don't live in that world anymore.

EDIT: Not that I think ALL cops are bad. But a not insignificant percentage are bad to a not insignificant degree. And it seems to be slowly getting worse, not better. Too damn many of them are of the authoritarian "must control the situation and be damned with the constitutional rights of the potentially innocent citizens I'm stepping on in the process" variety.

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unkbill · Post by **unkbill** » Sun Feb 05, 2012 1:51 pm

Actually in Ohio they give you work driving privilages after 3 months. Unless your mother calls the cop a liar about what he wrote in his report about what she said.(Said she said I was drunk when I left home) Lost allot of respect for the HPD then.