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> The whole thing, from top to bottom, is just a long chain of poorly aligned incentives. Field sobriety tests are even worse. The fact that your license can be
by themaninthedark 6y ago
> The whole thing, from top to bottom, is just a long chain of poorly aligned incentives. Field sobriety tests are even worse. The fact that your license can be revoked for refusing the test under the above grounds is nothing short of an end-run around the 4th amendment by declaring driving a "privilege, not a right"
I agree and I wish I had a better solution.
>They need to force people to go in for a blood draw to establish BAC.
I know the intention is good, but that seems like a very scary proposition to me. I think the same poorly aligned incentives will line up here too.
"We are now partnered exclusively with X-clinic to do all the blood tests."
X-clinic just happens to tweak their procedure so that borderline samples end up showing under influence.
- Jolter 6y agoMany jurisdictions would have enough cases come through to justify employing someone trained to draw a blood sample. Btw here (Sweden) the breathalyzer is only used to help decide whether someone gets picked up for a blood draw or not. Only a blood test can be used to convict someone.
- themaninthedark 6y agoTo be honest, having someone affiliated with the justice department would not be seen as something that increases trust. There are historical and current issues that cause this distrust, having an adversarial or multiple third parties is probably the best option for the US.