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Old 11-06-2014, 02:36 PM   #21
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Normally you could refuse the breathalyzer and it would require a warrant to be issued to get a blood sample. The time required to get the warrant and go through all the paperwork can often let a driver sober up enough that they would fall under the legal limits again depending on how drunk they were. Usually there are enough officers and nurses available to handle this and a judge that can be woken up to approve the limited number of DUI refusal warrants that come through.

So during "no-refusal" periods, what changes? Well, there is an on-call judge that will electronically approve warrants and send them directly to the officers on the scene. Now if you refuse a breathalyzer, the officers are then authorized to take blood samples on the spot and if needed use force to extract it. So in general, it's preferable to take the breathalyzer and avoid the added pain of getting stuck with a needle.

While it may provide extra revenue, I'm not going to say that's the sole motivation for the city/county to authorize these events. Often these types of rallies have a larger than normal percentage of drunk riders that would cause a danger not only to themselves but also a lot of other riders. One in four on a Friday night is not nearly as dangerous as say 4 in 10 (theoretically). The risk increases exponentially, because you have a higher percentage drinking and a higher number of targets to hit on the road. The chances of a drunk hitting another vehicle (probably a bike in this case) is a lot greater.

I'm generally ok with the idea of a closer eye on drunk riding in these situations. But I also understand concerns other people have about the appropriateness of it, legally and ethically.
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Old 11-06-2014, 02:56 PM   #22
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Quote:
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Do you think that people should be allowed to drink and drive? Assuming you are a reasonable human being and the answer to that question is no, how do you think we should detect violators if not for government interaction? Again, just curious here.
People should be allowed to do a lot of things, as long as they don't harm others. SHOULD people drink and drive? No. Then again, .08 BAC to one person isn't exactly the same to another. I'm all for laws protecting me from you. I'm not for laws POSSIBLY protecting me from you, or protecting me from me, or you from you etc..
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Old 11-06-2014, 02:56 PM   #23
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Old 11-06-2014, 03:14 PM   #24
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Quote:
Originally Posted by Repth View Post
As I understand it (and feel free to correct me if I'm wrong), they have to have reason to believe that you are intoxicated in order to ask you to submit to a field test. If you refuse, they don't have to get a warrant to take your blood. As far as I'm concerned, the only people that this punishes are the ones that are driving drunk... If you are not drunk, you have no reason to be stopped by police. Even if you are stopped, you have no reason not to just do a breathalyzer.

I'm not trying to be rude, but what is the problem? I'm just interested in why people would oppose this unless they thought they would be getting wasted at LSR and riding home.

Ask any attorney with DWI experience, "if you are not drunk, you have no reason not to just do a breathalyzer" is bad advice.

This city / state has a huge drunk driving problem though, the numbers are pretty absurdly high, especially when compared to other states.
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Old 11-06-2014, 03:20 PM   #25
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Evidence for a conviction in court
But in order to charge you with a DWI they would already have to have found you above the limit by some standard. Obtaining additional evidence would seem unnecessary. Unless you can have a case dismissed without blood work which I haven't heard of too often.

I could see the purpose if it was as stated above needed upon refusal of alternative methods but the article states after being charged does it not.

BTW I'm not arguing with you Bevo just pointing out their poorly worded justification.
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Old 11-06-2014, 03:21 PM   #26
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I'm sure you can get arrested for DWI 24/7, no-refusal or not

so based on your argument alone, what is the purpose of the no refusal?

exactly. It IS needed or else they wouldn't do it.
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Old 11-06-2014, 03:21 PM   #27
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"Vices are those acts by which a man harms himself or his property. Crimes are those acts by which one man harms the person or property of another. Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.

Unless this clear distinction between vices and crimes be made and recognized by the laws, there can be on earth no such thing as individual right, liberty, or property no such things as the right of one man to the control of his own person and property, and the corresponding and coequal rights of another man to the control of his own person and property."

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Old 11-06-2014, 03:22 PM   #28
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People from Galveston, born on the island, don't take kindly to folks who arent.
Because it's sooooo nice and exclusive down there.
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Old 11-06-2014, 03:23 PM   #29
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They sure know what part of the 17k they got coming according to their breakdown, and that's all that matters to them. em'. They have to catch me first. Good luck . If it was that important to keep drunks off the road, why not post up at every bar in town and draw blood from every leaving the parking lot? They are not at the bar for a church meeting I'm sure. They are there to drink. DUI's have turned into a huge windfall of revenue for these small hillbilly municipalities. Look up the numbers year after year. See any decrease? no... So in reality, it does nothing but line pockets. End of rant.
I agree.
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Old 11-06-2014, 03:25 PM   #30
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They sure know what part of the 17k they got coming according to their breakdown, and that's all that matters to them. em'. They have to catch me first. Good luck . If it was that important to keep drunks off the road, why not post up at every bar in town and draw blood from every leaving the parking lot? They are not at the bar for a church meeting I'm sure. They are there to drink. DUI's have turned into a huge windfall of revenue for these small hillbilly municipalities. Look up the numbers year after year. See any decrease? no... So in reality, it does nothing but line pockets. End of rant.
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Old 11-06-2014, 03:28 PM   #31
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people who ride drunk are really crazy
People who thinks it be better if they DRIVE since theyll be drinkin is Crazy.

Better to ride than to drive.

RIDE YOUR OWN RIDE...
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Old 11-06-2014, 03:28 PM   #32
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Old 11-06-2014, 03:41 PM   #33
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Old 11-06-2014, 03:43 PM   #34
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Quote:
Originally Posted by Repth View Post
As I understand it (and feel free to correct me if I'm wrong), they have to have reason to believe that you are intoxicated in order to ask you to submit to a field test. If you refuse, they don't have to get a warrant to take your blood. As far as I'm concerned, the only people that this punishes are the ones that are driving drunk... If you are not drunk, you have no reason to be stopped by police. Even if you are stopped, you have no reason not to just do a breathalyzer.

I'm not trying to be rude, but what is the problem? I'm just interested in why people would oppose this unless they thought they would be getting wasted at LSR and riding home.
Yeah- why have those pesky 4th Amendment rights anyway right?

If you have nothing to hide, a search shouldn't bother you...
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Old 11-06-2014, 03:53 PM   #35
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Quote:
Originally Posted by Repth View Post
As I understand it (and feel free to correct me if I'm wrong), they have to have reason to believe that you are intoxicated in order to ask you to submit to a field test. If you refuse, they don't have to get a warrant to take your blood. As far as I'm concerned, the only people that this punishes are the ones that are driving drunk... If you are not drunk, you have no reason to be stopped by police. Even if you are stopped, you have no reason not to just do a breathalyzer.

I'm not trying to be rude, but what is the problem? I'm just interested in why people would oppose this unless they thought they would be getting wasted at LSR and riding home.
The Island of Galveston is financially crippled and have been for a long time, since tropical storms or worse so often devastate the historic and other attractive amenities which normally attract the tourism revenue the locals rely on, they're forced to create these marketing attractions. If any institution has a means of alleviating Joe public from their mighty dollar, you can bet they will.
I've frequented Galveston all my life and am increasingly disappointed every time, I still come beck if only to support their constant rebuilding.
I don't condone the practice of intoxicating the public then fining them for it.
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Old 11-06-2014, 04:00 PM   #36
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F LSR....

We going to Leakey!!! Beautiful forecast and 100,00 less hardley's to worry about on our roads.

Sorry to threadjack. Just stoked for the sisters
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Old 11-06-2014, 04:03 PM   #37
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F LSR....

We going to Leakey!!! Beautiful forecast and 100,00 less hardley's to worry about on our roads.

Sorry to threadjack. Just stoked for the sisters
Sounds like a brilliant plan!
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Old 11-06-2014, 04:11 PM   #38
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Well me harder. This is the answer. More police. More laws. More jails. You keep the dream alive Repth. Maybe, just maybe you will make it out alive and not killed by a drunk driver. Not guaranteeing anything, but looks like you are winning your war. NOT!!!!!!!!!!!!!!!!!!!! ...
One of the facts that you based your opinion on is blatantly wrong, and that makes me a " "?

Quote:
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The Island of Galveston is financially crippled and have been for a long time, since tropical storms or worse so often devastate the historic and other attractive amenities which normally attract the tourism revenue the locals rely on, they're forced to create these marketing attractions. If any institution has a means of alleviating Joe public from their mighty dollar, you can bet they will.
I've frequented Galveston all my life and am increasingly disappointed every time, I still come beck if only to support their constant rebuilding.
I don't condone the practice of intoxicating the public then fining them for it.
Your last sentence sounds great at face value, but the same people who are over-serving them are not the same people who are fining them. Those consuming alcohol have a moral and legal responsibility to not over-consume and then get behind the wheel (or handlebars).
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Old 11-06-2014, 04:21 PM   #39
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I have no love for drinking and driving. However, i dont like how this can just happen. saying "no refusal" to me would be like telling someone they cannot plead the fifth in court, or hey were gonna search your house wether you like it or not because someone else had a house like this and it had drugs in it...
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Old 11-06-2014, 04:23 PM   #40
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Quote:
Your last sentence sounds great at face value, but the same people who are over-serving them are not the same people who are fining them. Those consuming alcohol have a moral and legal responsibility to not over-consume and then get behind the wheel (or handlebars).
Irrelevant which organization beat you out of your dollar first, the result is the same.
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