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ARW

Junior Member
What is the name of your state? NA

How is it that in DUI cases a drunk, who by definition is unable to make reasoned judgements, is held to their yes or no answer on whether they consent to take a breath or blood test? Why is the question even asked? Why even give a drunk a decision that they are unable to make with clear thought?
 


That's the idea

They're under the influence, so they can't make a reasonable decision. Guarantees a conviction.

Now do you get it?
 

Bravo8

Member
Some states will force the test, so I guess then you would have a valid question. I can only speak to PA law, and we will not physically force someone to submit to the test, so in essence you need their consent to take the sample.
 

CdwJava

Senior Member
ARW said:
What is the name of your state? NA

How is it that in DUI cases a drunk, who by definition is unable to make reasoned judgements, is held to their yes or no answer on whether they consent to take a breath or blood test? Why is the question even asked? Why even give a drunk a decision that they are unable to make with clear thought?
Motor and perception skills are impaired, sometimes even common sense, but not every DUI driver is a gibbering idiot incapable of comprehending their situation.

But, I suspect that there will come a day when there won't be a choice - we will just take blood.

And unlike PA, in CA we CAN force blood.

- Carl
 

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