Written by Jeff Caldwell, II
In February 2016, Kansas’ Supreme Court ruled it against the Fourth Amendment to punish suspected drunk drivers who refuse a sobriety test. The Kansas law stated a driver were to have his/her license suspended for a year when refusing a sobriety test.
KSN reports, “The state’s high court, by a 6-1 vote Friday, declared the law a violation of the Fourth Amendment protections against unreasonable search and seizure.” The article goes on to state, “Roughly a dozen states make it a crime to refuse to consent to warrantless alcohol testing.”
The logic of the Kansas Supreme Court moves to requiring a police officer to obtain a search warrant in order to force suspected drunken drivers to take a sobriety test.
Furthermore, the Fifth Amendment to the United States Constitution states,
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
DUI Checkpoints deem all drivers are operating vehicles on the road while being under the influence until proven innocent. Checkpoints blanket every citizen with the same law and, depending on which state, force each individual to answer for a crime they may not even be committing.
(This article is not advocating driving under the influence of any drug. Get an Uber._