I didn't know they did that.I thought they brought you back to your car,thats not right. Do they just leave your car there on the side of the road ? I thought they had it towed or something to your home.( I'm not much of a drinker , I don't need it I have a natural buzz lol )
They usually dont take you to the police station to blow on the machine unless they have all ideas that you intoxicated. You go thru tests on the side of the road when you fail them yes they ask if you will do the machine. So if you are dumb enough to be drinking and driving they should make you walk back to your car! Some police departments do have them towed and others just leave them on the side of the road.
If they could not be charged with drunk driving then why should they have to walk. Besides you obviously do not understand blood alcohol content and the effects or non effects on driving. The breathalyser has no impact on how someone is operating a motor vehicle.
I think I do know something about this, my husband is a LEO and I have seen many people in this situation. They can still charge you with a DUI. What it all comes down to again is dont drink and drive not even one or two just dont do it, why cant people understand that?
some people take less than the legal amount to be drunk, some people who drive careless and have a .04 still can be held off the road from driving... so they can hold them in a holding cell and they call someone to pick them up. I personally (this is me) have never heard of someone having to walk back to their car. My uncle was a Lt with the highway patrol and my EX FIANCE is with the Raleigh PD..... my Aunt is a Law Enforcement Instructor so I am not just pulling things out of the air either... LOL But they do not just TAKE you to the station to blow, you have to fail the field test first or they also carry a small breathalizer with them and they can fail that and THEN take you down town!?!?!?!?
With all due respect due to law enforcement as they are merely charged with upholding the asinine laws that our legislators come up with. The blood alcohol level is a poor way to judge someone's impairment. Here is relevant piece from the following wikipedia:
I know and agree with this totally... some people take less than the legal amount, and when I was single and a bartender I took SO MUCH MORE then the legal amount to get me toasted!! lol However there has to be a happy medium or a point where law officials have to say after this amount you are unsafe to be driving so that no one can call foul play, racism, sexism, and so on.
That's very true, and the BAC raises a presumption, not proof of impairment. Once the presumption is raised, then the burden of going forward with evidence to rebut the presumption falls upon the defendant. That's not the same as the burden of proof, the state always has the burden of proof, but the presumption means they meet the burden of proof if it is not rebutted. It has been many years since I practiced in the criminal courts in Johnston County, but I have seen defendants who blew over .10 found not guilty in court. That was before they reduced the limit to .08 and changed the law to make it harder to get an acquittal in DUI cases. But the field sobriety tests and the LEO's observations of the driver still constitute an important part of the evidence.
I just hope that none of ya'll have to go thru a loss of a family member, friend or anyone else that you know due to an event that could have been prevented either by ones self (i e drinking and driving even if not "legally" drunk) or if there had been a check point at the time.
I sincerely hope you are right about the growing base of moderate voters. I find it discouraging that we seem to be so divided as a country; that each side is so intent on proving itself right and the other side wrong; that each side questions the motives of the other side. I believe we can find some common ground if we can start by looking at the interests, needs, values of each side first, and then talk about how do we get there from here, instead of starting out with our positions and arguing the rightness of our position.
but you have to fail some other test as in the field soberity test before they take you in.... that is what I am saying. They do not just pick a car and say blow in this or come down town.
seems that all those in opposition on this subject just don't want another way for them to get caught doing what they shouldn't be doing. I like how -My Friend classifies his one bad run in with all CITY cops. I have yet to meet an officer who doesn't have the obligation to take you back to your vehicle if no probable cause has been found, my guess is that you were showing your a#! ?
Been there done that. Don't wish it upon anyone, but still not wanting to trade liberties for any idiot that already violates laws.