Hey All,

Just saw a story on the Tribune's website:

www.chicagobreakingnews.com/2009/11/no-refusal-weekend-nets-13-dui-arrests-in-kane-county.html

Basically, now police are arranging "no-refusal" DUI investigations, which means that you have absolutely no protection under the 5th amendment. Here's how it worked:

Of those drivers arrested, only two initially refused to provide a breathalyzer sample, initiating a process of having the driver brought to either the St. Charles or Elgin police stations. Kane County assistant state's attorneys were on hand at both stations to draft a search warrant to be signed by a judge, aimed at compelling the DUI suspect to provide a breath or blood sample.
=======

So now DUI prosecutions are getting even more unconstitutional than they already were. This is the very definition of getting railroaded. Did these people even have a moment to ask for legal representation before they were processed through the legal system??

I don't feel sorry for the idiot in the story that was over triple the limit, but he would have been successfuly prosecuted without using the 5th Amendment as a doormat. And this happened right in my own backyard. Not that I ever drink and drive, but this is scary just for its blatant disregard for the U.S. Constitution.

What amazes me is the entire societal attitude toward drinking and driving. When I was younger, it was pretty common and if you were caught? You might get a ticket but you might not. I know I rode in the family car when the old man had pounded quite a few beers at a picnic, out bowling, whatever - with no seat belt either!

I think it is a good thing that DUI is taken so seriously nowadays, considering the potential damage that could occur but I agree, this seems a bit Orwellian.

I'm not positive on how this no-refusal program works.

That does nothing to answer my questions.

Here's how I think it works:

**Usual DUI Investigation: You get pulled over. Knowing that the 5th amendment to our Constitution specifically states that no citizen can be forced to be a witness against themselves, you refuse the breathalizer test (which can be a quick and easy way to incriminate yourself). As it stands now, they'll automatically suspend your license for a set amount of time - which is HIGHLY unconstitutional.

But they have to rely on the actual evidence in the DUI investigation, instead of the incriminating proof you were urged to give them.

**New "Zero Refusal" DUI Investigation: You get pulled over. Knowing your Constitutional rights, you refuse to self-incriminate regardless of your innocence or guilt. You get arrested anyways, with little or no actual physical evidence, and get hauled into the police department. There, within a matter of minutes and without the ability to use legal council, a D.A. issues a search warrant for your person, which a judge, also in the room waiting to sign the document with no due process, signs.

You are now physically FORCED to give either a beathalizer or blood sample. All without any opportunity to defend yourself in any way whatsoever, either physically or legally.

<It's a flat out raping of the Constitution. And it's happening in our own backyard. Even China gives you more a chance to defend yourself.

I know, I know. It's a "privilege" to drive on public roads. You can guess how I feel about that.

It's only a matter of time until it's a "privilege" to walk on a public sidewalk, which will bring on the same end runs around our basic rights guaranteed by the Constitution.

You're 100% right about doing something. I wish I knew how to start a movement to abolish this new process. My friend and neighbor is a higher up on the C'ville police force. I'll talk to him about it next time I see him and see if I can find out who made the decision to include my town in this legalized rhape.

It's no different than any other crime. If there is evidence that someone is refusing to let you have access to, you get a warrant from the judge to go get it. You still need probable cause and a reasonable belief that the evidence will be there when you go get it.
Same with a DUI, except it is more important to get the evidence quickly because you body is literally destroying the evidence. By the way, it is already the law that if you are involved in an accident where someone is injured, you can't refuse to give blood. The police can literally strap you down and have a dr. or nurse take the blood against your will.
The problem is that it's too easy to beat a DUI without breath or blood evidence.

"You are now physically FORCED to give either a beathalizer or blood sample. All without any opportunity to defend yourself in any way whatsoever, either physically or legally. "
Wrong. You can defend yourself in court. Also, if you blow and you're under, you have nothing to worry about.

Nobodies 5th amendment rights are getting trampled on. For years courts have ruled that the state can force defendants to give blood and DNA samples. That sort of thing is not considered protected under the 5th amendment. The no refusal DUI is not treading any new constitutional grounds. Rather they are just using a tool that they have long had had they cared to use it. Now you can choose to believe that blood , DNA and other physical evidence should be protected under the 5th amendment. But the courts have long ruled against that argument.