New Year’s Eve is always a deadly time to be on the roads. Many people drink too much and still think they can drive home and be okay. This year, with New Year’s Eve falling on a Friday night, it could be deadlier than normal.
With that in mind, Tampa, Florida is preparing DUI checkpoints that drivers won’t be able to refuse. If you’re stopped at a police checkpoint and refuse the breath test, there will be a biased judge on site who will issue a warrant for a mandatory blood test. You will be told that, because you refused the breathalyzer test, you must submit to the blood test.
The police will administer the blood test on site. It is uncertain, however, whether or not police officers will be trained as phlebotomists or have any training at all in order to take your blood or read your test results. Also uncertain will be how often the breathalyzer device will be calibrated for accuracy or how accurate the blood test will be.
DUI defense attorney Kevin Hayslett sees the mandatory blood test as a violation of constitutional rights.
“It’s a slippery slope and it’s got to stop somewhere,” Hayslett explained, “what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?”
Supporters, though, say you could see the “no refusal” checkpoints in the Bay area by October.
“We don’t want to violate people’s civil rights. That’s the last thing we want to do, but we’re here to save lives,” Unfried said.
While saving lives is definitely a good thing, trampling on people’s civil rights is not. One should not be replaced for the other. This is a violation of a person’s constitutional rights against unreasonable search and seizure. The police do not have probable cause. They are on fishing expectations with their checkpoints. If you do not have probable cause, you cannot force blood to be taken.
She adds that this type of checkpoint would be heavily advertised, with the goal of deterring any drunk driving.
Heavily advertising it just allows drunk drivers to avoid the checkpoints and go home a different way. It won’t deter them. The police would do better setting up their checkpoints at the exits of bars.
The fact is driving is a privilege. Drunk driving is a serious crime. Pulling every single car over and violating their fourth and fifth amendment rights is illegal. Probable cause means you did something wrong first, such as having a broken tail light or swerving on the road. It does not mean being pulled over and told to take a breathalyzer test and, if you refuse, you’ll be forced to give up your blood. This is not about your safety. It’s about your forced compliance.
This is a frightening step down the slippery slope of complete denial of rights. If you aren’t doing anything wrong, you shouldn’t be stopped at all. Forced incrimination should be illegal if one were to follow the Constitution. Unfortunately, despite all that I’ve written above, if you have a Florida driver’s license, you’re required by law to comply to the officer’s requests.
if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the “Implied Consent Law”. When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.
Presumed guilty and implied consent are two sides of the same coin. Floridians would do well to work to get this law repealed. It is despicable that the state of Florida has such a cavalier attitude towards its citizens.
