• Hiro8811@lemmy.world
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    2 days ago

    I’m pretty sure that if they find a person drunk they have to take that person to a hospital to get a blood test and accurately gauge the alcohol percentage, the test also stands as proof.

    • Karmanopoly@lemmy.world
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      2 days ago

      If you were accused of murdering and taken to the hospital for a blood test with a lawyer present people would lose their minds

      But suspected drunk drivers it happens all the time without a lawyer present

      • Hiro8811@lemmy.world
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        1 day 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.

        • Karmanopoly@lemmy.world
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          30 minutes 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.

      • healthetank@lemmy.ca
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        2 days 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.

        • Karmanopoly@lemmy.world
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          31 minutes 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