Do Drunk Drivers Have Constitutional Rights?

By | April 20, 2016

  • April 21, 2016 at 2:13 pm
    Dave says:
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    If the driver fails other sobriety tests, I don’t see taking a breathalyzer as being unconstitutional. And you do retain the right to refuse if you wish. You just get automatically convicted of DUI if you do. Too many people die each year from drunk drivers not to continue this.

  • April 21, 2016 at 4:22 pm
    Rosenblatt says:
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    I was previously under the impression that the Fourth Amendment never applies if you’re in a vehicle. Also “The bottom line is that mandating a search without a warrant violates the Constitution.” But officers can already mandate a search of your home without a warrant if there are exigent circumstances. Wouldn’t the warrant requirement be waived for a driver of a car if there was valid suspicion of driving under the influence based on visual and audio clues (e.g. swerving car – slurred speech)?

  • April 21, 2016 at 4:53 pm
    steve says:
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    I would agree with the idea that accepting a drivers license from the state means you are willing to accept all the associated rules/penalties associated with it. that means if you refuse a breathalizer you automatically forfeit your license. seems logical to me

    • April 21, 2016 at 4:58 pm
      Rosenblatt says:
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      Agreed!

  • April 22, 2016 at 9:01 am
    vomit "O" says:
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    Lets have Constitution Free Zones, Free Travel in a Vehicle to start with even though the Constitution Specifically Protects that right.
    The Law is ALWAYS the Tool of the Tyrant and Opressor. Always. RULE OF LAW is in fact TYRANNY.

    • April 25, 2016 at 11:09 am
      caffiend says:
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      I’m having trouble parsing your commentary, but I take it that you don’t think that the use of breathalyzers is allowable? Feel free to correct me if I’m wrong.
      Somehow, I don’t believe it’s a Constitutionally protected right to get S***-faced drunk, hop behind the drivers wheel, and kill people. The ones on the receiving end of that deal might want to point to the following line “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. Dying doesn’t seem to be on that list….

      However, driving is not a Constitutionally protected right. It is a privilege that can be revoked if you fail to follow the laws that dictate the use of motorized vehicles. If you choose, you can avoid “most” traffic laws… just start using public transportation, bicycling, or walking. (Certain laws still apply depending on choice of transportation)

      • April 26, 2016 at 11:45 am
        Agent says:
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        Texting while driving is just as dangerous as DUI. Perhaps confiscation of the cell is a good penalty. If they get another one and get caught, confiscate again. Eventually, they will get the message to not do it. Big fine is also in order.

        • April 26, 2016 at 3:30 pm
          confused says:
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          you’re not going to jump down caffiend’s throat for “parsing” like you always do with Rosenblatt? hypocrite.

          texting is just as bad as DUI. i agree. i do not agree the person’s phone should be confiscated. what if they need to call 911 after they crash? what if they need to report another car needs help? just use the app which shuts off the cell phone’s features when it detects a vehicle is in motion and blammo, no more texting while driving.



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