Clandestinecop's Blog


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DUI/Implied Consent

DUI/Implied Consent

Let me preface that I have witnessed many crashes that could be traced back to being under the influence while driving. Horrendous injury and death
to innocent other drivers, passengers and citizens.

Weigh the options, the fact that you consent to an evidentiary test ANY time you operate a motor vehicle upon a public highway.
An officer only needs “reasonable” grounds for said invasion.

A quote from the Vermont Statute T23 VSA 1202 (a) (1): Implied Consent

“Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this state
is deemed to have given consent to an evidentiary test of that person’s breath for the purpose of determining the person’s alcohol
concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer. ”

I have pages and pages of notes regarding this for the various New England States but the aforementioned law is succinct and to the point, if you drive
an officer can detain you, ask for breath samples and/or blood samples.

At what point did we as a society decide that we can seize both a person and their bodily fluids over a POTENTIAL for an accident or crash?

NOTE: Police departments use the “accident” ploy for checkpoints The SHARP program (Safe Highway Accident Reduction Project) is one of the main
funding sources for checkpoints.

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