High costs for refusing breathalyzer test among new Pennsylvania laws for 2018

Discussion in 'Current Events' started by MindWars, Jan 2, 2018.

  1. WorldWatcher
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    WorldWatcher Gold Member

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    The case was Birchfield v. North Dakota (2016)

    The court upheld the use of Breathalyzer tests as constitutional, but not forced blood tests which can go beyond just determining impairment.



    Birchfield v. North Dakota - Wikipedia

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  2. MindWars
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  3. WorldWatcher
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    WorldWatcher Gold Member

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    http://www.legis.state.pa.us/CFDOCS...d=0&billBody=S&billTyp=B&billNbr=0553&pn=1037

    The above link is to the relevant bill. The fines are described in the section located starting on Page 6 under the section "§ 1547. Chemical testing to determine amount of alcohol or controlled substance."

    Para (a) indicated chemical tests are breath or blood. To be subject to the restoration you have to refuse BOTH breath and blood tests (i.e. Chemical Tests), if you take the breath test you should be subject to the additional restoration fee penalty.



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  4. Silent Warrior
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    Silent Warrior Gold Member

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    Sorry MW, but driving is a privilege, not a right. It is only seen as a right by those that want to live in anarchy. Many activities are both rights and privileges. Smoking, as something not necessary for your continued existence, is such. You have the right to smoke, but not in any situation that harms others. Eating is a right as it is necessary for existence, but eating at the cost of others is a privilege. Driving is an optional activity, not necessary for your continued existence, and as such is not a privilege under any way of thinking.
     
  5. Moonglow
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    Sorry but I never comply with an order from a pig on the issue...Fuck 'em..
     
  6. ShootSpeeders
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    ShootSpeeders BANNED

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    The supreme court has no authority to repeal laws. The constitution says so. THINK
     
  7. Big Black Dog
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    Big Black Dog Gold Member Supporting Member

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    My best friend was killed by a drunk driver so anything that can be done to curb drunk driving is fine with me.
     
  8. rightwinger
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    rightwinger Award Winning USMB Paid Messageboard Poster Gold Supporting Member Supporting Member

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    I believe police should have to establish some probable cause to believe you are intoxicated before they can request a breathalizer
     
  9. evenflow1969
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    evenflow1969 Gold Member

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    I usually do not agree with mind wars or shoot speeders, but I am with them on this. Implied consent is sufficient enough law for DUI adding new is not needed and it is over reach. It is an errosion of our constitutional rights and I want none of it. I sure as hell do n ot want them to be able to collect my DNA with out a warrent. This is a slipery slope that must not be gone down.
     
    Last edited: Jan 3, 2018
  10. bear513
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    bear513 Diamond Member

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    If those laws go against the Constitution, you think


    They do it all the time.
     

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