DUI Legal Question

[Overlay]

http://www.msnbc.msn.com/id/32824729/ns/us_news-crime_and_courts/

An article on efforts to combat drunk driving states that, under a 1966 Supreme Court ruling, suspects cannot be required to involuntarily submit to a breathalyzer test to determine their blood alcohol levels, but police do have the authority to draw a suspect's blood involuntarily for the same purpose. Does anyone know the basis for this distinction? Is it based on the requirement to place the suspect under arrest before drawing the sample?

[cj's dad]

http://www.msnbc.msn.com/id/32824729/ns/us_news-crime_and_courts/

An article on efforts to combat drunk driving states that, under a 1966 Supreme Court ruling, suspects cannot be required to involuntarily submit to a breathalyzer test to determine their blood alcohol levels, but police do have the authority to draw a suspect's blood involuntarily for the same purpose. Does anyone know the basis for this distinction? Is it based on the requirement to place the suspect under arrest before drawing the sample?

In Md. one is NOT required to take either the sobrity test or the breath test (self incrimination). You are however violating MVA rules by refusing to do so.
You will, if you want to continue to drive, be required to put a breath analyzer interlock device in your car (as per MVA) that will not allow your car to start if your breath test is 2.5% or above. Your license will be suspended a minimum of 90 days if you do not install the breathalyzer.

Regarding the blood testing, I don't know but I am curious to find the answer.

[Sailwolf]

In Md. one is NOT required to take either the sobrity test or the breath test. You are however violating MVA rules by refusing to do so.
You will however, if you want to continue to drive, be required to put a breath analyzer interlock device in your car (as per MVA) that will not allow your car to start if your breath test is 2.5% or above.

Regarding the blood testing, I don't know but I am curious to find the answer.

2.5% of what?

.08 is the test of consideration in all states of being under the influence of alcohol.

[cj's dad]

2.5% of what?

.08 is the test of consideration in all states of being under the influence of alcohol.

2.5% is the same as .025 BAC (blood alcohol content)

.08 is the violate level though one can still be charged with a lesser amount.

[cj's dad]

Field Sobriety Tests

These are not really tests at all; rather, they are physical agility exercises that are subjective in nature.

Most people don't realize that these tests are optional… and the officers who give them sure won't tell you, but they are. You are perfectly free to politely refuse to take the Field Sobriety Tests in their entirety.

Blood testing can only be done with the suspects' consent but may be compelled by police if an accident resulted in death or serious injury which could lead to death.

[JustRalph]

I was reading this article last night. Blatant violation of 4th Amend. rights.

Bullshit!

CJ's dad is right. Field Sobriety tests are voluntary and I have always instructed my friends and family to refuse/all tests.

This holding you down and taking your blood is overboard. Just another symptom of what this country is becoming..............

In Charlotte they now set up "Drivers license Checkpoints" wholly illegal in my opine. They are relying on the same case law for DUI checkpoints. Which are also illegal if you ask me.