posted on Jul, 14 2016 @ 10:01 AM
a reply to: Shamrock6
So? None of that negates the potential for misuse and shennanigans. And where is the cutoff? Any amount? That's hardly justice. We already know that
long term heavy drinkers have an unusually high tolerance for alcohol, and many show no signs of impairment at .08, and probably aren't impaired. In
fact,before the change in the laws, many accused drunk drivers were winning trials, and sometimes based upon the police officer's own testimony. That
is why the states came up with a PRESUMED level of intoxication, and started charging drivers with TWO counts for a single offense. One count of
DWI/DUI ( terminology is location specific ), and one count of DUI/DWI blood alcohol content above legal limit. You get popped driving at or above
that limit and it doesn't matter if you are technically impaired or not...you're getting convicted. The only defense that a person had was to allege
that the stop was illegal, but due to a recent SCOTUS that no longer applies.
I don't live in Michigan, and I don't use any illegal or prescription drugs. But I am well aware of the potential for abuse, especially in the early
morning hours. At one point my job required me to have late nights on weekends. Twice I was pulled over, Once by Mesa PD, and once by Glendale PD.
Mesa alleged that I was crowding the center line, took my info, questioned me, and sent me on my way. Glendale alleged that I was alternating
frequently between 35-40 mph. The officer said he suspected me of being under the influence of a controlled substance and asked me to submit to a
blood test. By asked he meant " take a blood test or we will suspend your license for a year" . I complied, and waited for two months and heard
nothing. I contacted Glendale pd, and after what seemed like a half dozen transfers I was finally informed my blood tests were negative and no charges
would be filed. So, because my eyes were red, I appeared a certain way to the officer, and because I wasn't going a solid speed for 2 miles I was
handcuffed, my truck towed, humiliated by being in a public hospital in handcuffs ( for my safety and his he said ), and had to call somebody for a
ride at quarter of 6 on a Sunday morning. Then I had to pay a towing bill complete with an extra $100 tacked on ( $25 for a couple of hours of
impound, $75 for opening the impound yard on a Sunday). Yes....I can see a lot of potential for abuse here.