First note, I have never even been stopped, much less charged with driving under the influence of any substance.
The following article questions the validity of the “science” behind breathalyzer tests.
While I am not a lawyer nor do I give legal advice, I am a citizen and therefore qualified to offer a layman citizens opinion on thus subject. Thus said, I believe the very act of forcing a citizen to submit any bodily substances to “prove” anything – innocence or guilt” without being charged and/or proper legal council is to total violation of our Fourth Amendment guarantee against unreasonable search and seizure. At the very least.
Granted there are likely many fine “legal” points any lawyer could and will trot out. Okay, fine. Trot away. According to any law explained to me, refusal to SUBMIT is a guaranteed conviction. The difference between this “guarantee” and the guarantee I claimed in an earlier sentence is this one is enforced.
Whatever happened to the principle preeminent English jurist William Blackstone wrote,”[B]etter that ten guilty persons escape, than that one innocent suffer.*“?
These days the sentiment is more like “Round ’em all up, they are all probably guilty of something!” The sad truth is, according to some learned men, this statement is likely technically accurate. The problem is we are all guilty of two things:
1) Neglecting to hold our representatives accountable and thus allowing them to pass unconstitutional, even stupid laws.
2) Guilty of violating said unconstitutional and even stupid laws.
I maintain the first wrong is most grievous
Thus, while the ridiculous circumstance we find ourselves in below is terrible – we seem to be locked in to liberty-stealing bad laws based on bad science – we have no one to blame but ourselves.
Until we stand up and claim our God-given liberty – we will continue to slid down these slippery slopes.