- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: DUI Checkpoints: What are the laws surrounding them?
Posted on 2/27/23 at 1:00 pm to 0x15E
Posted on 2/27/23 at 1:00 pm to 0x15E
A reminder for all, of the OP’s questions:
So….. does anyone feel like answering OP’s questions?
quote:
What are the laws surrounding these?
Do I have to stop and be “questioned” by the officers conducting?
Will I go to jail if I refuse?
Do I even need to crack my window?
OT Lawyers and cops, feel free to weigh in.
So….. does anyone feel like answering OP’s questions?
This post was edited on 2/27/23 at 1:01 pm
2
Posted on 2/27/23 at 1:02 pm to Contender54
quote:
does anyone feel like answering OP’s questions?
you first
Posted on 2/27/23 at 1:02 pm to Gaspergou202
quote:
I want to search your house. If you have nothing to hide, you’ll have nothing to worry about.
Bad comparison.
I know y’all think drunk driving is just a way of life in South LA, and that there’s nothing wrong with it, but it’s very careless and inconsiderate to the people who obey the laws. Other people do have loved ones on the road you know? I’ll kill sometime if they killed a loved one of mine because they were driving drunk. But I guess as long as “your rights” aren’t being violated then it’s ok.
Posted on 2/27/23 at 1:05 pm to Contender54
quote:
So….. does anyone feel like answering OP’s questions?
quote:
What are the laws surrounding these?
In the State of Georgia they are legal and have been tested in the State Supreme Court many times
quote:You cannot break any traffic law to avoid them, like a U-turn over double yellow line, speeding through them, etc. now you can legally turn down a side road or park your car if it’s legal prior to getting to the checkpoint
Do I have to stop and be “questioned” by the officers conducting?
quote:Depends on the officer, but in Georgia, there is implied consent laws. Meaning if you refuse a breathalyzer, you will lose your license for 12 months pending a successful appeal, which is a separate matter from the DUI charge.
Will I go to jail if I refuse?
quote:if you show your ID with the window rolled up at a checkpoint, they are going to ask you to roll down your window and submit to a breathalyzer. Refusing to do so, will be bad news
Do I even need to crack my window?
This post was edited on 2/27/23 at 1:08 pm
Posted on 2/27/23 at 1:06 pm to 0x15E
I know some states have “implied consent” or something like that. Failure to preform a roadside sobriety test is viewed as a failure and an automatic DUI.
It’s bullshite.
It’s bullshite.
Posted on 2/27/23 at 1:07 pm to Planetarium
quote:
I know some states have “implied consent” or something like that. Failure to preform a roadside sobriety test is viewed as a failure and an automatic DUI.
that's the way TX operates and around holidays they have "no refusal" blood draws
Posted on 2/27/23 at 1:09 pm to Planetarium
quote:
I know some states have “implied consent” or something like that. Failure to preform a roadside sobriety test is viewed as a failure and an automatic DUI.
Well, in Georgia, it’s not an automatic DUI. You lose your license for 12 months unless you install a breathalyzer machine or win an appeal at a hearing perform by DDS….which is separate from the criminal case of DUI
Also, pretty sure all 50 States now have implied consent laws
This post was edited on 2/27/23 at 1:11 pm
Posted on 2/27/23 at 1:10 pm to 0x15E
Not a lawyer but I’ve gone through sober to see what little could be done out of curiosity
I cracked window and handed info and said I’d like to remain silent after stating I’d not been drinking
I asked if I was being detained or if I was free to go
He looked irritated and I asked why I was so defensive and I said I prefer to remain silent and asked again if I was free to go. He waved me through
I cracked window and handed info and said I’d like to remain silent after stating I’d not been drinking
I asked if I was being detained or if I was free to go
He looked irritated and I asked why I was so defensive and I said I prefer to remain silent and asked again if I was free to go. He waved me through
Posted on 2/27/23 at 1:11 pm to fallguy_1978
quote:
Do they even have these anymore in LA? The used to have them all the time 20+ years ago
Sheit Just a few years ago circa 2016-2017 BRPD use to post all their arrest/incident data on BRGOV open data.
Being the nerd I am I was able to take the dataset for a year or so and pinpoint three locations most likely to result in a DWI.
1. In front of Lee High(The school's address was most common)
2. The stretch of Perkins between Essen and College(Pennington Bio Address was most common)
3. Near the Plank and Hollywood Intersection(a business on Plank was common address).
These were clearly unannounced checkpoints as there was no mention of them in the news at all.
BRPD no longer shares this data with us. Thanks Broome.
This post was edited on 2/27/23 at 1:13 pm
Posted on 2/27/23 at 1:19 pm to mikelbr
quote:
BRPD no longer enforces the law. Thanks Broome.
FIFY
Posted on 2/27/23 at 1:20 pm to 777Tiger
quote:
that's the way TX operates and around holidays they have "no refusal" blood draws
what? please elaborate on that
Posted on 2/27/23 at 1:20 pm to 777Tiger
quote:
easier to assert the "stand your ground" defense at your home than at a DUI checkpoint
is your car not an extension of your home?
Posted on 2/27/23 at 1:23 pm to mikelbr
My biggest problem is members of dui task forces running defacto checkpoints through neighborhoods used around campus. I’ve gotten stopped twice by the same cop who so happened to be one of the dui task force heads who was receiving huge OT grant money from madd..
Once he let me drive the last one block to my house
The other time I mistakenly told him I’d had 2 beers at dinner earlier. That was enough and he field tested me and made me take the breathalyzer where I dropped a whopper of .019 ..
fricking guy was a huge cock a-hole during entire experience even after I proved I was truthful. To this day that experience and that officer soured my feelings on police.
Once he let me drive the last one block to my house
The other time I mistakenly told him I’d had 2 beers at dinner earlier. That was enough and he field tested me and made me take the breathalyzer where I dropped a whopper of .019 ..
fricking guy was a huge cock a-hole during entire experience even after I proved I was truthful. To this day that experience and that officer soured my feelings on police.
Posted on 2/27/23 at 1:24 pm to tunechi
quote:
is your car not an extension of your home?
yes, in some states, but re-read what I posted about it
Posted on 2/27/23 at 1:26 pm to Beardlington
quote:
please elaborate on that
Texas' “no refusal” program is a law enforcement policy that addresses driving while intoxicated (DWI). Under Texas' “no refusal” program, if a motorist refuses to submit to blood alcohol testing (BAC), law enforcement officers can electronically request a search warrant for a BAC test.
Posted on 2/27/23 at 1:29 pm to RolltidePA
quote:
Funny that you mention this; I’ve seen several police departments and police unions lobbying to make Uber illegal in their area. Specifically, because revenue is lacking. Imagine that, they are lobbying for more crime because it suits them financially. Protect and serve… sure.
In many small towns there is no Uber option.
None in my town and the taxis shut down at 9PM.
Know why they shut down at 9PM? Because they are subsidized by the city and the city sets the hours. They don't want the cabs running during bar hours as it cuts into their DUI revenue.
The local cops have pretty much killed the bar biz in this town as the constantly drive through the parking lots or past the bars all night long. Picked up four separate people one night that were all at the same bar.
Killing bar biz in WI is not easy to do btw.
Posted on 2/27/23 at 1:30 pm to 0x15E
I feel like they cut back tremendously once Uber became a thing. They were everywhere 10-15 years ago
Posted on 2/27/23 at 1:31 pm to 0x15E
We have maybe 50 people where I live during the winter and a 20 year old girl was killed this weekend on a snowmachine because a guy thought it was ok to drink and drive. There is no excuse for it. Get a taxi, uber, etc, but if you are going to drink don't drive.
This post was edited on 2/27/23 at 1:46 pm
Posted on 2/27/23 at 1:32 pm to BuckyCheese
quote:
Killing bar biz in WI is not easy to do btw.
no shite
that state invented the terms neighborhood and corner bars
Posted on 2/27/23 at 1:32 pm to 0x15E
Depends what state you are asking about.
In my state:
-DUI checkpoints are legal.
-The check point must be made "public."
(Now publication is evolving since new papers are dead. Does this mean on the TV news, social media, a tweet by the law enforcement dept's public relation's officer?)
-The Law enforcement department executing the checkpoint must have a written plan of the checkpoint, authorized by a supervisor within the Dept before execution of the checkpoint.
We (the US and all states) will see the legal limit drop from .08 to .05 in the next ten years, followed by .03 and eventually within the next 50 years a zero tolerance for drunk (alcohol) driving.
MADD has the DUI industry by the balls with the interlock device companies a strong second.
MADD will usually give out a pot of money at different times of the year for the extra funding for checkpoints Otherwise, they are a waste of LEO's time and resources.
In my state:
-DUI checkpoints are legal.
-The check point must be made "public."
(Now publication is evolving since new papers are dead. Does this mean on the TV news, social media, a tweet by the law enforcement dept's public relation's officer?)
-The Law enforcement department executing the checkpoint must have a written plan of the checkpoint, authorized by a supervisor within the Dept before execution of the checkpoint.
We (the US and all states) will see the legal limit drop from .08 to .05 in the next ten years, followed by .03 and eventually within the next 50 years a zero tolerance for drunk (alcohol) driving.
MADD has the DUI industry by the balls with the interlock device companies a strong second.
MADD will usually give out a pot of money at different times of the year for the extra funding for checkpoints Otherwise, they are a waste of LEO's time and resources.
This post was edited on 2/27/23 at 1:35 pm
Page 4 of 7
Back to top
Follow TigerDroppings for LSU Football News