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cmaggiulli | 4 years ago

If you refuse to give blood or breath sample you automatically lose license. Also there are presumptions of intoxication after your first impaired driving conviction in NYS ( it’s not that simple, but too complicated to outline in short form ). So, this wouldn’t really be unprecedented. Not saying I agree or disagree.

The stakes are very high with impaired driving. In many states your first impaired driving charge can be felonious even if there is no injury or accident. In about half of all states your second impaired driving is automatically a felony despite no injury or accident. Society has a right to protect its roadways. However, we also need to be very careful about wanton criminalization. The penal system in the USA is backwards and barbaric

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koolba|4 years ago

I’m fine with all of those things. Drunk driving is a terrible thing and should be punished appropriately as a deterrent. But this isn’t a punishment of the offenders, it’s a mandate upon everybody, the vast majority of which are law abiding.

This is just like the majority of gun control laws that do little more than infringe the rights of the law abiding gun owner.

andrew_|4 years ago

> If you refuse to give blood or breath sample you automatically lose license.

Please, add nuance when making such an assertion. It completely depends on the state you're in and which factors the state considers when refusing. For example; In Florida it may result in the suspension of your license for one year, which can be appealed.