
Originally Posted by
gtrietsc
Here in Texas they aren't doing DUI checkpoints too much - state law requires them to post a sign telling drivers its coming up. What they are doing, which is just as bad if not worse IMO, is pulling you over, and then if you refuse a breath test (which is your right) they haul you to jail and forcibly take a blood sample.
This country scares me sometimes. How is that right?
Technically, they're doing it the "right" way. If you refuse the breath test (which you can do, though you agree to lose your license for a while if you do), they go before a judge to get a warrant for your BAC. It's fully legal and better than what many places used to do, which is do the same thing without a warrant.
That said, if you are pulled over, do not take the breath test as it is known to be faulty under many circumstances (certain medical conditions can cause you to blow higher than you actually are); my policy is to refuse the breathalyzer but immediately volunteer a blood test instead. This satisfies the law and doesn't put my license in jeopardy (as the regs say that you have to take a breath *or* blood test voluntarily.)
Quite often the cops won't bother if you offer the blood test immediately.
____________________________
Enough is enough.
We are not here to subsidize your clueless business plans or reward your failures.
1986 Honda Nighthawk 700S (project, light restoration in progress)
1987 Jaguar XJ6 Series III Vanden Plas (modified)
1990 Nissan (WD21) Pathfinder SE 4x4 (little red offroad commuter box)
1995 Jaguar (X300) XJR
1998 Honda Pacific Coast PC800 (two-wheeled pickup truck/utility bike)