A lesson in how to handle a DUI checkpoint

[4ganger]

Being a bunghole in the checkpoint lineup can be compared to delaying the Starbucks lineup and complaining to the cashier "why is the coffee so expensive"

How do you figure?

One is the sales of a product. Anyone in line at $tarbucks chooses to be there and chooses to wait in the line to purchase an overpriced coffee drink.

The other is a legal administrative random checkpoint that is intended to save lives. (up for debate whether it is effective). Everyone in line did not choose to be there, but the US Sup. Ct. has determined they are legal. By doing this the bungholio is wasting everyone else time. Just roll it down, say NO and drive on. How frigging hard is that?

Comparing the two...? Really? I'm going to guess you don't have any relatives or know anyone who was killed by a drunk driver. I'm going to be my girlfriend would disagree with you since her Dad was killed in a drunk driving accident when she was 9.

A few facts. Sobering no?
• 40%+ of fatal automobile accidents are alcohol-related
• Approximately 30% of Americans will be in an accident involving alcohol
• According to estimates, someone is injured in an alcohol-related accident every two minutes
• Accidents involving alcohol are more likely to occur at night… about five times more likely
• About two-thirds of DUI convictions are for first time offenders
• More than one-third of all fatal traffic accidents involve at least one person with a BAC over 0.08%

 

[RunninInGA]

How does one feel "detained" at a DUI checkpoint? You're in your car, and you're asked a simple question. They don't ask for your ID or registration (unless of course you're acting suspicious). You're not taken out of your car, placed in an interrogation room and asked to tell them every detail about your day. Like I said before, if you haven't been drinking then what is there to hide? If you have been drinking, don't drive and you won't have any issues.

Not true at all. Ever been through a DUI checkpoint? Every one I've been through, I was required to hand over my license, then questioned as to where I had been and where I was headed. Perhaps in your state things are done differently. You are detained, no? Ever tried driving away without given approval to do so?

 

[RunninInGA]

A few facts. Sobering no?
• 40%+ of fatal automobile accidents are alcohol-related
• Approximately 30% of Americans will be in an accident involving alcohol
• According to estimates, someone is injured in an alcohol-related accident every two minutes
• Accidents involving alcohol are more likely to occur at night… about five times more likely
• About two-thirds of DUI convictions are for first time offenders
• More than one-third of all fatal traffic accidents involve at least one person with a BAC over 0.08%

Curious as to the source of these as they're slightly different than what I've read recently, admittedly from the year 2009, the latest that was available at the time.

 

[4ganger]

Curious as to the source of these as they're slightly different than what I've read recently, admittedly from the year 2009, the latest that was available at the time.

It was a website... there are lots of them. Google-fu below. Which of those stats surprises you?

Google

Google

Google

 

[4ganger]

And this one is a state by state...
Drunk Driving Statistics by State | Fatalities, Arrests & More

kinda interesting.... stats for my state:

Of Hardcore Drunk Drivers
Alcohol-Impaired Driving Fatalities Involving High BAC Drivers (.15+): 73%
Alcohol-Impaired Driving Fatalities Involving Repeat Offenders by BAC level
BAC .08 - .14: 0%
BAC .15+: 100%

 

[RunninInGA]

It was a website... there are lots of them. Google-fu below. Which of those stats surprises you?

Google

Google

Google

True, there are lots of websites. I didn't say any surprised me, just that they were "slightly different" than what I had read, which wasn't meant to question your expertise on the subject, nor was it meant to indicate you were wrong in any way.

To the rest of the participants:
It's moderately astonishing to me the level of tension the subject has generated actually - I expected some heated discussion and some immaturity, but some of the offenders have really surprised me. Regardless, there have been very passionate responses - thank you all who continue to offer your thoughts on the subject. Keep 'em coming!

 

[RunninInGA]

And this one is a state by state...
Drunk Driving Statistics by State | Fatalities, Arrests & More

kinda interesting.... stats for my state:

Of Hardcore Drunk Drivers
Alcohol-Impaired Driving Fatalities Involving High BAC Drivers (.15+): 73%
Alcohol-Impaired Driving Fatalities Involving Repeat Offenders by BAC level
BAC .08 - .14: 0%
BAC .15+: 100%

Interesting - if I'm reading the data correctly, ALL alcohol related fatalities in my state were from REPEAT OFFENDERS. WOW!

 

[Carl_G]

How do you figure?

One is the sales of a product. Anyone in line at $tarbucks chooses to be there and chooses to wait in the line to purchase an overpriced coffee drink.

The other is a legal administrative random checkpoint that is intended to save lives. (up for debate whether it is effective). Everyone in line did not choose to be there, but the US Sup. Ct. has determined they are legal. By doing this the bungholio is wasting everyone else time. Just roll it down, say NO and drive on. How frigging hard is that?

Comparing the two...? Really? I'm going to guess you don't have any relatives or know anyone who was killed by a drunk driver. I'm going to be my girlfriend would disagree with you since her Dad was killed ia drunk driving accident when she was 9.

A few facts. Sobering no?
• 40%+ of fatal automobile accidents are alcohol-related
• Approximately 30% of Americans will be in an accident involving alcohol
• According to estimates, someone is injured in an alcohol-related accident every two minutes
• Accidents involving alcohol are more likely to occur at night… about five times more likely
• About two-thirds of DUI convictions are for first time offenders
• More than one-third of all fatal traffic accidents involve at least one person with a BAC over 0.08%

Quite the rant you have made but all I was doing was stating that making a big scene at the checkpoint is useless. I actually agree with roadblocks.

The analogy to Starbucks is a comparison of the cashier to the cop. The cashier doesnt control prices and the cop doesn't make the laws, just enforces them.

I understand your frustrations though.

 

[Clemsonfan15]

How does one feel "detained" at a DUI checkpoint? You're in your car, and you're asked a simple question. They don't ask for your ID or registration (unless of course you're acting suspicious). You're not taken out of your car, placed in an interrogation room and asked to tell them every detail about your day. Like I said before, if you haven't been drinking then what is there to hide? If you have been drinking, don't drive and you won't have any issues.

It's the whole point behind it all. Of course it isn't a big deal, but it's illegal.

People have to stand up for themselves at some point or you will lose your freedoms.

 

[IanB]

Quite the rant you have made but all I was doing was stating that making a big scene at the checkpoint is useless. I actually agree with roadblocks.

The analogy to Starbucks is a comparison of the cashier to the cop. The cashier doesnt control prices and the cop doesn't make the laws, just enforces them.

I understand your frustrations though.

The point you are missing though is the cop comes and finds YOU and detains you with no probable cause, whereas anyone dealing with the cashier has done so by their own free will. If you don't like the price of the coffee, you can turn around and walk out of the store. If you don't like being detained and try to avoid or leave a checkstop, there are legal consequences.

 

[RunninInGA]

The point you are missing though is the cop comes and finds YOU and detains you with no probable cause, whereas anyone dealing with the cashier has done so by their own free will. If you don't like the price of the coffee, you can turn around and walk out of the store. If you don't like being detained and try to avoid or leave a checkstop, there are legal consequences.

That's detainment, therefore Miranda should apply, however our resident attorney (who crossed his constitutional amendments earlier in the thread) has said it does not equate.

 

[Huskey]

How does one feel "detained" at a DUI checkpoint? You're in your car, and you're asked a simple question. They don't ask for your ID or registration (unless of course you're acting suspicious). You're not taken out of your car, placed in an interrogation room and asked to tell them every detail about your day. Like I said before, if you haven't been drinking then what is there to hide? If you have been drinking, don't drive and you won't have any issues.

I thought this guy was acting suspicious... I think the cops just realized that there is a good chance he is only going to be a bucket load of paperwork for nothing, and I still stand strong that the camera had a huge influence in how they dealt with him.

 

[RunninInGA]

i thought this guy was acting suspicious... I think the cops just realized that there is a good chance he is only going to be a bucket load of paperwork for nothing, and i still stand strong that the camera had a huge influence in how they dealt with him.

oh my fvcking god. The terrorists have won.

 

[Carl_G]

The point you are missing though is the cop comes and finds YOU and detains you with no probable cause, whereas anyone dealing with the cashier has done so by their own free will. If you don't like the price of the coffee, you can turn around and walk out of the store. If you don't like being detained and try to avoid or leave a checkstop, there are legal consequences.

Good point. Would you agree though that roadside is not the place to try to prove a point?

 

[JB.]

...personally I hope the idiot with the camera gets into a wreck with a drunk driver

After this spectacular trip and fall from the high road you tried to ascend, I would have thought a little embarrassment might have produced a retraction instead of continued posting, pretending nothing happened, thus removing the benefit of the doubt that such emotional irrationality is rare for you.

 

[IanB]

Good point. Would you agree though that roadside is not the place to try to prove a point?

We don't always get to pick the battlefield (time and place) to prove our points. That doesn't make it any less important though.

 

[4ganger]

That's detainment, therefore Miranda should apply, however our resident attorney (who crossed his constitutional amendments earlier in the thread) has said it does not equate.

Yes I did cross them. I think someone referenced it as the 4th earlier in the thread and did too.

Anyway, Miranda only applies to an arrest. Detainment for questions does not immediately require Miranda rights to be read. In fact, nothing requires Miranda rights to be read. The downside for the cops and prosecution if they don't read them is that nothing you say can be used. The lack of Miranda is not a get outta jail free card.

 

[westwind77]

After this spectacular trip and fall from the high road you tried to ascend, I would have thought a little embarrassment might have produced a retraction instead of continued posting, pretending nothing happened, thus removing the benefit of the doubt that such emotional irrationality is rare for you.

Who said I'm embarrassed? No way in he!! could you tell me if ANY member of his family would be affected (killed) by a drunk driver would this fool be doing this at the DUI checkpoint. Unfortunately some people live life with blinders on to the 'big picture', and until they are affected by it don't realize what the 'right thing' is. I'm all for protecting our rights, but this is something for the greater good. If they took everyone out of their cars, strip searched everyone just because they were driving from downtown, that would be an issue. A simple questions is NOT a problem. The video fool needs a wake up call, I hate to say it, but he does.

 

[4ganger]

I'm all for people trying to change this aspect of the law. Like I said earlier if you don't like the fact that roadside DUI checkponts are legal under the US Constitution then you have every right to lobby your government (local or federal) to change it.

You have every right to protest. Every right to civil disobedience (which is what the guy in the video was doing), and every right to post it on the interwebz.

And we have every right to say the guy is a dumbass and we disagree with him. That is what makes America fun. The right to a free and open debate.

My personal belief is that they are perfectly a-ok and I don't have any problem with them. My only dog in this fight is to say that they are NOT illegal and they are not unconstitutional. Well, they are illegal in 10 states....

 

[4ganger]

Interesting - if I'm reading the data correctly, ALL alcohol related fatalities in my state were from REPEAT OFFENDERS. WOW!

The stats are interesting for sure.

From that same site: According to the National Highway Traffic Safety Administration (NHTSA) 32,885 people died in traffic crashes in 2010 in the United States (latest figures available), including an estimated 10,228 people who died in drunk driving crashes, accounting for 31% of all traffic deaths last year.

The stats are even higher for motorcycle incidents. Something like 50% of all motorcycle fatalities involve the person having some alcohol in their system. It's crazy to me that anyone wouild drink and drive a motorcycle much less a car.