Recently in Mandatory Blood Alcohol Test Category

January 24, 2011

Mandatory Florida DUI Checkpoints

Historically, United States law has protected drivers from mandatory breathalyzer tests. If a driver is stopped for a traffic violation, she can refuse a test to discover if she has been driving under the influence. As it is her right; unfortunately, it can also be an advantage to a driver who has actually been drinking, because she might have time to "sober up" before a charge can be made.

The move for Florida to issue mandatory blood tests, if a driver refuses a breath test, is supported by groups like Mothers Against Drunk Diving. One representative, Linda Unfried, said "we don't want to violate people's civil rights. That's the last thing we want to do, but we're here to save lives." Unfried and supporters of mandatory tests, called "no refusal checkpoints," think people will be less likely to drink and drive if they know check points are stationed in the area.

Those who disagree with mandatory check points, like DUI defense attorney Kevin Hayslett, think it's an extreme measure; "what other misdemeanor offense do we have in the United States where the government can forcefully put a needle into your arm?"

It's unclear if the "no refusal" blood-alcohol tests and "heavily advertised" checkpoints will actually deter drunk drivers, or simply send them to areas that don't have them. It's also unclear if our current right to refuse a breath-alcohol test, with a Breathalyzer, in turn warrants the state's right to order a mandatory blood test.

Read the full article: "No refusal" DUI checkpoints could be coming to Tampa