December 30, 2010
Authorities call it “no refusal.” In Florida, at the unconstitutional DUI checkpoints set-up for revenue enhancement and to get citizens into the legal and prison system, the government will soon force drivers to take blood tests.
“Florida is among several states now holding what are called ‘no refusal’ checkpoints,” reports WTSP in Tampa Bay. “It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test.”
In other words, if you believe this sort of thing is illegal and you refuse, the cops will force a needle in your arm. The state will use violence in order to violate the Fourth Amendment.
In 1990, the Michigan Supreme Court ruled that the Fourth Amendment does not permit DUI checkpoints and overturned a DUI case, but when the case went to the United States Supreme Court it was decided there is something called the “DUI Exception,” a legal excuse to violate the Bill of Rights.
- A d v e r t i s e m e n t
In addition, it was decided by the Supremes that if you are arrested for DUI, the cops don’t have to recite your Miranda rights. DUI is a legal no-man’s land.
Florida has the Supreme Court on its side. In 2005, the hand-picked “justices” ruled that it is not unconstitutional for the state to hold you down and forcefully withdraw blood.
Most states do not use violence to compel drivers to submit their blood, however. They just take away your license, even if you are found not guilty of drunk driving. Other states add prison time to DUI convictions for the crime of refusing to allow the state to violate the Fourth Amendment.
This abrogation of the Constitution is being pushed on the states by the federal government. Section 163 of the Transportation Equity Act for the 21st Century (TEA-21) created incentive grants for states enacting and enforcing unconstitutional DUI laws.
In addition to swelling prisons, DUI laws are designed to fleece victims. “Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments that are far more likely to seize cars from unlicensed motorists than catch drunken drivers,” Ryan Gabrielson wrote in February.
In 2009 in California, impounds at checkpoints generated an estimated $40 million in towing fees and police fines. Additionally, police officers received about $30 million in overtime pay for the DUI crackdowns, funded by the California Office of Traffic Safety.
Florida and 43 other states are not above violating the Constitution in order to fill their coffers. Unfortunately, the Supreme Court stands behind them. It is all part of the ongoing effort to strip us of our natural rights and trash the Constitution and the Bill of Rights.