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 How To Deal With A DUI Stop - Part 4
Breath Alcohol Analysis
The Breathalyzer is the most inaccurate means of measuring your BAC. Without going into great detail, it should be understood that the error factor can be as high as 50 %. If the Breathalyzer generates a reading that confirms your BAC is within legal limits, you should be free to leave (and to begin planning your lawsuit). If the Breathalyzer test results indicate an illegal BAC, you should immediately request one of the two other tests, the most accurate of which is the blood test. If the police refuse to assist you in obtaining a second test, demand an opportunity to obtain a second test, even if it must be at your own expense. Most states have admitted that Breathalyzer tests are highly inaccurate and either through legislation or the courts have been forced to offer more reliable and accurate chemical tests, but only if requested by the defendant.
A legitimate police stop for a suspected drunk-driving incident does not have to rely on trick questions, sensing devices, or gimmicks to justify a chemical test of the driver. The driver's lack of control of the vehicle, his inability to reasonably react to questions and requests, and his physical reactions will be a dead give-away of his impaired condition. Unfortunately, the government, certain commercial interests, and self-serving organizations have institutionalized a negative stereotype of anyone who drinks and drives, no matter how responsibly. By labeling virtually all drivers who drink and drive as "drunk drivers," they have created a situation where responsible and constructive citizens are at risk of suffering huge fines, exorbitant insurance charges, loss of driving licenses, confiscation of personal property, and even incarceration, all for the singular act of violating an arbitrary and unreasonable BAC standard.
If the above material reads like a handbook for dealing with life in a pre-1980's Eastern European police state, the comparison is understandable. The underlying rationale for the current DWI hysteria is based on propaganda, the enforcement tactics are duplicitous, invasive, and abusive. And, due process protections for the victims of this zealous attempt at social engineering have been undermined or rendered impotent.
The real solution to this problem -- a legitimate campaign gone malignant -- is to honestly determine the real magnitude of the "drunk driver" menace. Then, we must establish legitimate standards to define "drunk driving," eliminate the enforcement excesses that have been allowed to fester, and return the legitimate due process rights that all citizens should be entitled to, regardless of the "crime" they are charged with committing. This won't happen without taking the first step -- the decision each and every one of us must make -- to demand change.
Everyone should write letters to elected officials, letters to the editor, and provide support to organizations such as the National Motorists Association, which are leading the fight to put some sanity back into the laws that deal with drinking and driving. Rest assured that doing nothing is the guaranteed route to more abusive use of government authority to abuse and harass honest, hard-working citizens who are a threat to no one, including themselves.
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How to avoid a DUI conviction - Ensure that you are NEVER convicted of DUI
