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View Diary: Nope. That's not a violation of civil liberties or anything. (93 comments)

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  •  When the state (1+ / 0-)
    Recommended by:
    engine17

    granted you the privilege of a driver's license, I thought you willingly consented to blood sampling.  You essentially waive some rights for the privilege of driving.

    •  No. (1+ / 0-)
      Recommended by:
      johnny wurster


      Not this mind and not this heart, I won't rot • Mumford & Sons

      by jayden on Fri Dec 28, 2012 at 11:23:27 PM PST

      [ Parent ]

    •  Yup... (0+ / 0-)

      You don't have a right to drive, you get a license, from the state government, and it comes with conditions. Among them is a legal obligation to submit to testing for DUI.

      •  no, not at all. (2+ / 0-)
        Recommended by:
        Johnny Nucleo, jabney

        we don't forfeit our 4th amendment rights when we get into cars.  

        there's no implied consent at work.  whats happening, and why courts have ok'd random checkpoints, is that busting DUIs is so really, really important that we can conduct stops without the sort of particularized suspicion hat the 4th amendment normally requires.

        this is the same sort of rationale that gets us things like the patriot act. and maybe that's fine, but I do wish people would be a little more thoughtful when considering their positions, rather than having the outrage meter cranked up to 10 on every damn issue even if it means being outraged because of reason X one day and then because of not-X the next day.

        wow, I guess I needed to get that out of my system.

        •  Better read up on it... (0+ / 0-)

          You waived some of your 4th Amendment rights when you applied for a driver's license.

          I've had licenses from NJ and Utah. In both states, by accepting a license, you agree to submit to field sobriety and breathalyzer tests (don't recall if blood tests are included also.) Refusal is by law admission of guilt, and if you don't like that part, you are free to be a pedestrian or passenger, but not a licensed driver.

          I happen to think the courts have gotten it wrong regarding checkpoints - I think probable cause should be the appropriate threshold for being stopped. Once stopped, however, being tested is part of the agreement you entered into with the state when you accepted your license.

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