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Old 05-16-09, 04:08 AM   #1
Aramike
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Join Date: Dec 2008
Location: Milwaukee, WI
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Default Pulled Over after Drinking and Driving

This is a true story, and it happened tonight.

On my way home with my wife from a friend's house (who lives about 15 minutes away), we were pulled over by a Milwaukee County deputy. Now, in the interest of full disclosure in order to properly make my point, we had been drinking throughout the evening. Julie (my wife) was clearly in the bag from her wine intake while I was quite evidently sober. In fact I had consumed a six pack of Miller Lite over the course of about four hours, with no other alcoholic beverages.

Now, Wisconsin is one of I believe 14 states which does not allow for checkpoints which can allow for law enforcement to randomly test drivers for sobriety. As such, an initiative called "Stop, Test, Arrest" has been gaining steam. Essentially, this initiative allows for law enforcement officers to practically stop any vehicle they spot merely for the purpose of testing its driver for sobriety.

This is what happened to us.

The legal limit in Wisconsin is currently .08. Now, I guarantee that I was stone-cold sober at the time, and the law would agree with me - I blew a point-oh-six. I had not been driving in any way erratically, nor was a violating any traffic laws. And yet I was forced to PROVE that I was not breaking any laws, and once I had done so, I was free to go.

So, the question is this: should ANY US law-enforcement be allowed to require drivers to PROVE that they are operating legally, without respect to any probable cause regarding an illegal activity such as Operating While Intoxicated?

My answer is below.
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