The risk of being involved in a crash increases significantly at 0.05 BAC and above. The relative risk of being killed in a single-vehicle crash with BACs of 0.05–0.079 is 7–21 times higher than for drivers at 0.00 BAC.
“Yet minds are not conquered by force, but by love and high-mindedness.”
Perhaps the problem isn’t the false arrest, but rather what we accept as being correct behavior towards the arrested. Is the end goal that some few of us should gain income and pleasure from administering punishments, or do we wish to benefit society by helping humans make better decisions?
The Executive Branch isn’t there to determine punishments. It’s not high minded, its the job description. Thus the term ‘extrajudicial’ when the Executive gets ahead of themselves.
A friend of mine (in CA) once drank a single wine cooler at a party; on the half-mile drive home, a driver cut him off and slammed on the brakes, and he rear-ended them. The cop arrested him on a DUI charge; the other driver went on their way. He lost his insurance, his job, and his home. While he did indeed get in a car after drinking a wine cooler, the consequences were completely ridiculous.
When you decide to take the first drink, give your keys to a non-drinking friend. Lack any non-drinking friends? Take a cab. $20 and maybe a parking ticket is WAY cheaper than a DUI. There is no excuse for a DUI. Zero tolerance would help.
Another problem that I haven’t seen anyone address (maybe I missed it) is that this officer could falsely ID someone as driving under the influence of THC and then a blood test might show positive for marijuana use days or even weeks before. This would be like (if booze was illegal I guess - why it isn’t while weed is is mind boggling) having a couple of beers on Friday, getting pulled over Monday and your blood shows alcohol use. Or am I missing something?
Well, there is, when the person isn’t actually driving under the influence and another driver is forcing the cop to unfairly arrest them. What I’m saying is that “zero tolerance” is bullshit, because there’s often more to the story (i.e., the entire point of the story this thread is about).
Yeah, but I’m from the Atlanta area, so I facepalm every time something like this gets international attention, including “we only shoot black people” guy.
Breath test to rule out alcohol as the primary cause of impairment
Interview of the arresting officer
Preliminary examination (includes the first of three pulse checks)
Eye examinations (Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus and the ability of the eyes to converge)
Divided attention tests (SFSTs plus finger to nose and Modified Romberg balance test)
Clinical indicators examinations (blood pressure, temperature, second pulse)
Darkroom examination of pupil sizes (also includes examination of nasal and oral cavities)
Muscle tone examinations
Search for and examination of injection sites
Statements and interview of the suspect
Opinion of the DRE Based on the totality of the evaluation, the DRE forms an opinion as to whether or not the subject is impaired. If the DRE determines that the subject is impaired, the DRE will indicate what category or categories of drugs may have contributed to the subject’s impairment. The DRE bases these conclusions on his training and experience and the DRE Drug Symptomatology Matrix. While DREs use the drug matrix, they also rely heavily on their general training and experience.
Toxicological sample (urine and oral fluid or blood) After the evaluation, the toxicological sample is sent to a forensic laboratory for analyses to confirm or refute the findings of the evaluator. The mere presence of a drug in the sample does not constitute sufficient evidence to charge a person as being impaired by a drug. The evaluation must show impairment, signs and symptoms consistent with one or more drug categories, and the evaluator’s findings must be supported by the toxicology.
A quick look around shows roughly a 10-20% decline in crashes. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4448946/ I wouldn’t call that almost no drunk driving accidents. It is honestly weird to me how many people will argue for the opportunity to maneuver their one ton metal box after taking a pretty heavy CNS depressant.