The DUI Exception to the Constitution

DUI Blog ^ | 2005 | Lawrence Taylor (not the Linebacker)

[Randy Larsen]

Candy Lightner also was convicted of a DUI herself!

What a hypocrite!!!

[Myrddin]

That is correct, hence there is a DUI exception to the constitution. And I think it is sickening.

When you took your driver's license written test, you had to demonstrate knowledge of what constitutes drunk driving. You can't claim ignorance of the law. By applying for the license and accepting it from the state, you also accept the restrictions that come with the privilege. Nobody forced you to drink or get a driver's license or drive the car after drinking. Those are all volitional acts. Driving under the influence is entirely your choice. Many states also have laws which require you to submit to testing if law enforcement has probable cause to believe you are DUI. If you don't like the provision, return the license and stop driving.

[buccaneer81]

Some people have been conditioned into believing the govt owns things.

It get s easier when the draw a government paycheck. Gives them a feeling of "ownership."

Looks like BillyBob wants to be an owner.

[Mojave]

The fact that there are rules and laws does not make driving a privilege, it's a right with attendant responsibilities.

Webster's 1828 Dictionary

privilege

PRIV'ILEGE, n. [L. privilegium; privus, separate, private, and lex, law; originally a private law, some public act that regarded an individual.]

1. A particular and peculiar benefit or advantage enjoyed by a person, company or society, beyond the common advantages of other citizens. A privilege may be a particular right granted by law or held by custom, or it may be an exemption from some burden to which others are subject

A privilege may be a particular right granted by law. Among other things, the driving privilege extends to licensed drivers and excludes those without licenses.

[Gabz]

I will accede to you on that point, as it is not one with which I have experience. I do know I wasn’t eating any booze/cheese concoctions that night.

But that is neither here nor there, my point was, and remains, the breathalyzers are VERY far from infallible.

[Ron Jeremy]

When you took your driver's license written test, you had to demonstrate knowledge of what constitutes drunk driving. You can't claim ignorance of the law. By applying for the license and accepting it from the state, you also accept the restrictions that come with the privilege. Nobody forced you to drink or get a driver's license or drive the car after drinking. Those are all volitional acts. Driving under the influence is entirely your choice. Many states also have laws which require you to submit to testing if law enforcement has probable cause to believe you are DUI. If you don't like the provision, return the license and stop driving.

Let's say that when you got your license you had to accept random stops so cops can take DNA samples for a national database. Would you say, well that's ok because driving is just a privilege that you willingly signed up for? If the government said that owning your home was just a privilege, and you had to accept random searches, would you say ok to that too?

[buccaneer81]

If the government said that owning your home was just a privilege,

They already do. Try not paying your property taxes and see what happens.

[Old Professer]

z

[Myrddin]

Those roads are the ones I paid to build and maintain. Similarly the police are hired by me for law enforcement not to conduct roadblocks for revenue purposes or give or take away permission to drive based on their own prejudices.

You...and a million other people paid for those roads. They hire law enforcement to keep drunks off the road so they can travel safely. Your failure to pass the field sobriety test and BAC is a fairly objective measure.

[muawiyah]

Could be, but one solution that's working great is to build fences that restrict where folks who don't live in the developments can go.

Plus, they revised the standards to evade the court's rulings by adding stuff about "convictions" ~ and now the pukes can't even visit grandma whereas before they could.

Not sure dopers came out ahead on the deal.

[Myrddin]

So you’re saying that if I own some land and I own a car, I do not have a right to drive the car I own on the land I own?

You can drive all you want on your private land without a license. You can't drive on a public highway or street without a license.

[diogenes ghost]

"If you choose to give up control...."

Oh pullease.

By your example, anyone who accidentally causes harm to another, through any forseeable circumstance, gets the penalty of "eye for an eye".

If you skid on an icy road, going 40 MPH, and cause a death, you would be sentenced to death. Because you should have known that 40 MPH was far too fast for conditions, yet you pushed the envelope, because you were in control.

There are countless similar situation similar to this, where one believes he is in control, but is demonstrably not.

Conservative mind my a$$.

[muawiyah]

http://science.howstuffworks.com/breathalyzer4.htm All the answers you could imagine. That was a portable device ~ prosecutors don't use those results. They only use the results of full-scale pieces of equipment.

It's possible you had an infrared device around that managed to infiltrate the housing of the machine and whack the results.

[Ron Jeremy]

You...and a million other people paid for those roads. They hire law enforcement to keep drunks off the road so they can travel safely. Your failure to pass the field sobriety test and BAC is a fairly objective measure.

Hey, I have no problem with that. The issue is whether or not they can search you, question you, and force you to provide evidence without probable cause and without being allowed to consult a lawyer. I have a problem with that. You don't. What other laws should be exempt from constitutional protections?

[Gabz]

Your failure to pass the field sobriety test and BAC is a fairly objective measure.

Not really.

Passing or failing the field sobriety test is a subjective decision made by the administering officer. As for the BAC tests, those machines are not infallible, thus not always objective.

[Gabz]

You can drive all you want on your private land without a license

You can also be arrested for DUI in your own driveway by an officer than never saw you driving.

[Gabz]

I’m not arguing with you, I was just stating a specific incident.

I’m at home, playing on my computer, drinking a few beers, as is my husband -— I think that says something about our attitudes about drinking and driving, don’t you?

[Myrddin]

Let's say that when you got your license you had to accept random stops so cops can take DNA samples for a national database. Would you say, well that's ok because driving is just a privilege that you willingly signed up for? If the government said that owning your home was just a privilege, and you had to accept random searches, would you say ok to that too?

You've jumped the shark with those comments. What driving related behavior would constitute probable cause for a DNA sample? Perhaps a line of bullet holes down the side of your vehicle? Blood spatters and knife wounds visible to the officer? The government already thinks owning your home is a privilege...conditioned on paying your property tax....or else. Searches require a warrant...unless you have waived your 4th amendment rights after being convicted of a criminal act.

[muawiyah]

Heck fire, I'm out cruising in an IH 9300SB Logging Truck going about 75 MPH on I-70 40 miles East of Indianapolis. Using a myriad of wifi connections all along the route to maintain my internet link.

You'all keep bringing up new stuff and it's distracting me from driving to look all this stuff up, but thank goodness I'm not drinking!

[eyedigress]

Apply it to my State Constituition then. Anyone who claims that cannot be the intent of the founders is unfit for debate. BTW I do have a healthy case of flu. Thanks for asking.