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?

• 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.

  source

  • 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

    source

    • 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

      source

      • Karmanopoly@lemmy.world ⁨1⁩ ⁨week⁩ ago

        In Canada you have the right to an attorney, without delay, simply being detained … except when you’re suspected of drunk driving

        Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees every person the right to retain and instruct legal counsel without delay, and the right to be informed of that right upon arrest or detention.

        It’s not so much a violation of your rights, but an elimination of that right during that specific situation

        source

        • -> View More Comments
• 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.

  source

  • 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.

    source

    • 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?

      source