Comment on Why in America is .08 the legal limit for drunk driving? How come it's not an even 0.10? Who decided at what level being drunk starts? Then 4 beers of 12oz's is 0.08 why is it that small?

• Karmanopoly@lemmy.world ⁨1⁩ ⁨week⁩ ago

  If you were accused of murdering and taken to the hospital for a blood test with a lawyer present people would lose their minds

  But suspected drunk drivers it happens all the time without a lawyer present

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  • healthetank@lemmy.ca ⁨1⁩ ⁨week⁩ ago

    How many other crimes are directly defined with a time-sensitive impairment?

    If they allowed you to both call a lawyer and wait for them to arrive you could arrange for your lawyer to be a) 2+hrs away, b)alseep or c)any other time delaying tactic.

    I agree I don’t like the status quo, but if you have a reasonable alternative that still allows them to catch people who are drunk driving, I’m all ears.

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    • Karmanopoly@lemmy.world ⁨1⁩ ⁨week⁩ ago

      Miranda Rights give you the right to remain silent and the right to an attorney

      These rights go out the window because if you exercise them they simply charge you refusing to comply which carries the same penalty as a drunk driving conviction

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      • healthetank@lemmy.ca ⁨1⁩ ⁨week⁩ ago

        I mean I’m not even American and I know Miranda rights only need to be read to apply to interrogation AFTER being arrested. Typically by that point theyve already determined you’re drunk driving based on questions during the detention period.

        refusing to comply with breath tests during a vehicle stop is against the law - I’m not aware of it violating any US rights, though again I’m not american. That’d be like refusing to stop when they tell you to

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  • Hiro8811@lemmy.world ⁨1⁩ ⁨week⁩ ago

    Because these are two different things, if you’re accused of murder they can use whatever you say against you, but in case of drunk driving it doesn’t matter what you say, what matter is the results of the test.

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    • Karmanopoly@lemmy.world ⁨1⁩ ⁨week⁩ ago

      The courts have ruled we have the right to remain silent and the right to an attorney.

      If you do that they then simply charge you with another crime.

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      • Hiro8811@lemmy.world ⁨1⁩ ⁨week⁩ ago

        I agree that traffic rules enforcement is not being done in the most fair way but it kinda works.

        Let’s say they somehow manage to have lawyers present at the hospital in case of drunk drivers, how would a lawyer help suspected drunk drivers?

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