Problem with that is, you have to get the blood within three hours of the exact time the car stopped. One minute over? Evidence is not admissible.

And to get blood, you need a search warrant. To get a search warrant, you need a judge. And it's probably at night.

So you have to do your roadside investigation, establish PC for arrest, take him to jail, go fill out the warrant affidavit, by now at least one hour has passed

But what if you do blood draw at say 5 hours and they still have above .08 despite not having access to alcohol? Why would it be inadmissible?

I mean obviously they were drunk at stop if theybare drunk 5 hours later.

The blood would be inadmissible I believe

But if for some reason it took that long to get a breath sample, it's still good

And you got all your other evidence...field sobriety and moving violations

Really it's hard to win DUI cases, most get pleaded down to reckless driving or something like that

You make the best case you can and if they don't wanna plead, then you offer a deal

A shitty case, they'll fight

If you ever want off on a DUI you just stall. In Canada you used to be allowed to have a lawyer present before you blow. They’ll get stuck in traffic and take their time to get you.
Now Canada law is fucked. You can be forced to blow without reason and you can be questioned and tested after arriving at your destination within the first hour or so. So if you cracked a few beers after a cop followed you home from the liqohr store you could be nailed. Unlikely they would do that, but it's disturbing that they could.

Australia is the same, no PC required for a stop

I'm strict on DUI but if you don't require PC then 99% of the stops will be innocent people

China's BAC limit is 0. Any blood alcohol content is DUI. There's no such thing as traffic court there either so if a traffic officer says you're guilty, then you're guilty.

Should be that way here so people stop going to court just to get out of a ticket

If it's not even a misdemeanor dont be a fucking cuck

It is a misdemeanor. You can get jail time for a DUI

I've seen some crooked shit when it comes to traffic enforcement

I also think any misconduct by law enforcement should be a felony 2 at the very least

And I meant things like speeding and other traffic violations

DUI should be a felony

Its basically disorderly conduct with a deadly weapon

Just because a lot of people do it doesn't mean we lessen punishment

If anything we need more punishment

Letting people off easy is why they keep doing it

That third and fourth DUI are a thing disgusts me to the core

If you get a second any further traffic violation should be considered for the death penalty

Usually 3-4 DUIs is a felony

The law is good, but the enforcement of it is pretty bad

The way the judges handle it, by probating most of a sentence

So you can get up to a year for your first DUI. But the judge can give it all as probation which is bullshit

Where I am, all official misconduct and violation of oaths of office are felonies

I was in high school with a girl who got enough DUIs that she lost her license for a few years, then had to get vehicles with the breathalyzer starter.

She was able to get a normal car like 2-3 years ago.

That's like 2-3 already. Should never drive again

I think for first time, any probation period should require having a special license plate, and if a cop sees that he's allowed to stop you without PC

Like a 4th amendment waiver

Ah

Yeah. She was super irresponsible at the time. Hopefully she’s bettered herself. Especially since she’s a single mom.

I would be down for DUI being complete forfeiture of 4th amendment rights regarding a traffic stops