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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?

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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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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

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- healthetank@lemmy.ca ⁨1⁩ ⁨week⁩ ago
  Chaterpedia is a great resource for us - the section 10 discussion explicitly discusses the legal situation of impaired driving.
  
  justice.gc.ca/eng/csj-sjc/rfc-dlc/…/art10b.html
  
  However, such a limit is justified under section 1 because of the importance of reducing the harm caused by impaired driving
  
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  - Karmanopoly@lemmy.world ⁨1⁩ ⁨week⁩ ago
    One might argue they aren’t “rights” if they can be taken away when the crown feels like it
    
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