With all due respect, if your driving is impaired enough for gigag04 to notice, over and above all the other vehicles on the road, maybe you shouldn't be driving.Oldgringo wrote:What a crock! With the exception of the criminal history thinghy, someone just released from a hospital stay could exhibit all of these 'factors'. I know because...gigag04 wrote:
I have no experience with a checkpoint...AFAIK they are still nailing down the case law and legislation regarding checkpoints. Our search warrants all stem from standard DWI arrests. My standard affidavit will include my reason for the stop, what I observed during the stop, and what factors indicated that defendant was intoxicated.
These can include:
Odor of an alcoholic beverage
Red, glassy eyes
Slow, labored speech
Fumbling while retrieving DL/Insurance
Observance of standardized clues on SFSTs
Criminal History regarding DWIs
Statements made by the defendant
Condition of clothing
Presence of bracelets or markings on hands/wrists from bars
Indicators of impaired driving
(and many others)
Here is a link to a publicly available search warrant for blood packet (found via google):
http://www.cityofriesel.com/DWIbloodwarrantbyhand.pdf" onclick="window.open(this.href);return false;
These forms are in line with what much of the state is using.
Whether the impairment is caused by alcohol, medicine, or something else, impaired is impaired. It makes no difference to the little kid who gets run over and killed by the impaired driver.