Mandatory No-Refusal DUI Checkpoints Showing Up Around Country: Feds Encouraging DUI Blood Tests

I am against DUI checkpoints for two reasons. First of all, DUI laws punish people for pre-crimes and DUI checkpoints violate the Fourth Amendment and encourage prosecution for pre-crimes. Pre-crimes you ask? Well, a majority of drunk drivers who have been arrested weren't involved in an accident. Drunk driving laws are based on probability and not actual crimes. For example a .08 BAC will result in different behavior with different people. To claim that all people who blow an .08 BAC is putting other people in danger is a claim law enforcement can't back up without the use of pathos.

As for the DUI checkpoints, they are clearly a violation of the Fourth Amendment, which states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

When law enforcement officials conduct DUI checkpoints they are pulling everyone over without reasonable probable cause. To assume everyone on a certain road has been drinking is unreasonable and therefore constitutes an unreasonable act of a visual search by law enforcement officials which they further by asking for your papers--usually license, registration, and insurance documents. Simply getting into your car and driving home is not probable cause, and yet law enforcement officials are conducting their searches through DUI checkpoints of Americans every week who are only driving home.

You have every right to protect yourself whether you have been drinking or not with your Constitutional rights. In fact, the next time you find yourself in line at one of these DUI checkpoints ask the officer on what probable cause they pulled you over and chances are they won't come up with a valid cause.

However, if you refuse to participate in this unjust use of law enforcement tyranny, the federal government is now working with local law enforcement to go as far as having a judge work the site of the DUI and issue a warrant on site that would subject you to go as far as having a blood test taken if a warrant is issued. It's all because Americans have grown to understand the Constitution in recent years and how it works to fight against government tyranny like checkpoints. For some reason, the Federal Government is tired of the Fourth and Fifth Amendments standing in their way of furthering the size of their police state.

“Florida is among several states now holding what are called ‘no refusal’ checkpoints,” reports WTSP in Tampa Bay. “It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.”