Tag Archives: drunk driving

Bill Would Mandate Breathalyzers in North Dakota Bars

Bill Would Mandate Breathalyzers in North Dakota Bars

Drunk driving is a problem in North Dakota, thanks to a one-two punch of a cultural affinity for alcohol here coupled with a lot wide open spaces and long roads home. Even in the state’s larger communities, historically it’s not been easy to get public transportation or even a cab ride home. But would a

Creating a Database of Where DUI Offenders Were Drinking Is a Terrible Idea

We already use a lot of very bad metrics when it comes to the public debate over driving drunk. For instance, everyone from reporters to law enforcement to policymakers likes to talk about drunk driving arrests, but what do arrests really tell us about actual on-the-road safety? Arrest numbers can go up and down based

North Dakotans Should Beware the Rise of Insta-Warrants

Earlier this week the U.S. Supreme Court struck down an odious DUI law passed by lawmakers in 2013 which criminalized the refusal of a warrantless blood test (warrantless breath tests were allowed to stand, despite a dissent from Justice Sonia Sotomayor, but that’s a subject for another post). It’s a good thing to require the

Supreme Court Strikes Down North Dakota Drunk Driving Law Criminalizing Refusal of Blood Tests

In a nutshell, the Supreme Court said laws criminalizing the refusal of a warrantless breathalyzer test are constitutional. Blood tests, however, will require a warrant. Here’s how we got there. During the 2013 legislative session North Dakota lawmakers passed a number of laws to address drunk driving. Among the changes was a law which makes

4th amendment

North Dakota Law Making Your 4th Amendment Rights Illegal Goes To The Supreme Court

If the police come to your door without a warrant and asked to search your home for stolen property you would have the right, guaranteed by the 4th amendment, to refuse them access. But what if the state Legislature passed a bill making it so that your refusal of the search was in and of

drunk driving

U.S. Supreme Court To Take Up Challenge To North Dakota Drunk Driving Law

Back in January I wrote about an opinion from the North Dakota Supreme Court which, frankly, made it illegal for citizens to exercise their 4th amendment rights when facing a drunk driving investigation. During the 2013 legislative session lawmakers passed a number of laws to address a supposed drunk driving epidemic. Among the changes was

Maybe Safe Rides Home, And Not Tougher Penalties, Are A Better Solution For Drunk Driving

When it comes to drunk driving there is a tendency, in the arena of public debate, to suppose that the best solution is a “get tough” approach. The only initiatives policymakers and the public seem interested in are more enforcement, more fines, and more jail. But what if there was a better way? I’ve been asking

North Dakota's Tougher DUI Laws Are Creating Jail Space Problems

During the 2013 session, the North Dakota Legislature made some sweeping changes to the state’s DUI laws. Here’s a summary: The minimum fine for first-time offenders goes from $250 to $500. First-timers with a BAC twice the legal limit – 0.16 percent or greater – will now be guilty of a new aggravated DUI category

Feds Want Drunk Driving Level Lowered To .05 BAC

The federal government bullied the states into lowering the blood alcohol level at which point a driver is considered drunk to .08 years ago by threatening to remove federal transportation funds for state that didn’t comply. Now the feds want to go even lower, taking the legal limit down to .05 BAC. WASHINGTON — States

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