Have a Close look at DUI Fatality Statistics »

August 4, 2009

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The numbers of deaths on the highways caused by drunk drivers has justified the "DUI crackdown", along with the loss of constitutional rights. As it has been said by the U.S. Supreme Court in Michigan v. Sitz, for instance, DUI "sobriety checkpoints" seems to be violating our Fourth Amendment right to be free of suspicion less stops by the police but this illegal intrusion on our privacy is "outweighed" by the "carnage" on our highways of 25,000 deaths that occur due to drunk driving each year.

What is the source of these statistics? Several years ago, the statistics that had been kept on traffic fatalities by law enforcement agencies included a category for "alcohol-caused" deaths. However, these statistics were subtly changed to "alcohol-related" in order to justify such things as sobriety checkpoints, lowered blood alcohol levels and automatic at-the-scene DUI license suspensions. Here you must note that they changed it to “DUI related", but not “DUI caused”.

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DUI Sobriety Checkpoints: Are they Unconstitutional? »

July 30, 2009

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It is clearly said by the Constitution of the United States that the police can not just stop someone and they are not allowed to conduct an investigation unless there are “articulable facts” that are indicating possible criminal activity.

So here there is a question that how can they do exactly that with DUI roadblocks? so it is a good question. And this question was raised in the case of Michigan v. Sitz (496 U.S. 444), in which a decision of the Michigan Supreme Court striking down drunk driving roadblocks as unconstitutional had been reviewed by The U.S. Supreme Court. In a 6-3 decision, the Michigan court was reversed by the Court, holding that roadblocks were consitutionally permissible. Chief Justice Rehnquist started his majority opinion by accepting that DUI roadblocks i.e. “sobriety checkpoints” do, in reality, constitute a “seizure” which is within the language of the 4th Amendment. Explaining this in other words, yes, it’s an intentional violation of the Constitution.

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