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Sovcit is in a mess. (lemmy.world)

submitted 1 month ago by BonesOfTheMoon@lemmy.world to c/insanepeoplefacebook@lemmy.world

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[–] N0body@lemmy.dbzer0.com 25 points 1 month ago (1 children)

Ah yes, the Fourth Amendment right to drive a vehicle while intoxicated. You could argue that the Founders were referring to horses and buggies, but clearly the spirit of the law was that it should be legal to get intoxicated and operate any mode of transportation. We'll see how that airline pilot's case goes, though. I'm worried that his right to fly drunk will be infringed.

[–] VelvetStorm@lemmy.world 5 points 1 month ago

Under the Fourth Amendment, police officers must have a certain level of justification before they can lawfully make a traffic stop or arrest you. In the context of drunk driving, the law requires that officers demonstrate reasonable suspicion for a traffic stop and probable cause for an arrest.

So technically, yes, the 4th amendment can be used as an excuse to not take the tests, and i encourage everyone to know their rights and to use them when possible.

They can and will still arrest you and once they do they can force you to take a blood test but that is going to take hours and you should sober up quite a bit by then unless you are very drunk.