Pubdate: Fri, 06 Aug 2004
Source: Oshkosh Northwestern (WI)
Copyright: 2004 Gannett Co., Inc.
Contact:
http://www.wisinfo.com/northwestern/contactus/readerservices/letter_to_editor.sh
Website: http://www.wisinfo.com/northwestern/index.shtml
Details: http://www.mapinc.org/media/2640
Author: Douglas Hornburg

DRIVING DRUG FREE IS REASONABLE, LEGAL PRECAUTION

In an article on June 1 questions were raised on the newer Drugged
Driver Law. The questions were whether or not the law was
constitutional, the relationship on drugs and impairment, and why it
was illegal for drivers to have "any detectable amount" of drugs like
cocaine and marijuana in their bloodstreams.

To drive in Wisconsin is a privilege, not a right. By signing your
driver's license at the DMV you also agreed to what is called implied
consent (State Statute 343.305). Which basically states if you are
operating or diving a motor vehicle, commercial motor vehicle,
snowmobile, ATV, or boat you must consent to tests of your breath,
blood or urine, for the purpose of determining the presence or
quantity of alcohol or controlled substances.

It does not give law enforcement officers the right to just stop any
vehicle to see if the operator is drunk or on some illegal drug. That
would be a violation of your 4th Amendment and be an illegal search
and seizure.

In order for any officer to pull you over, you would have to first
violate some other traffic or equipment law. The officer then would
still have to follow proper departmental policies and conduct field
sobriety exercises on you to see if there is any impairment on your
ability to operate your motor vehicle. Therefore in order for blood to
be tested for alcohol or drugs the question of impairment would have
already been answered.

Laws like the Drugged Driver Law are out there to promote a safe
driving environment. By either changing the law to set a measurable
limit on illegal drugs, or benefiting the drug user would only be
promoting drug use and telling our kids it's OK to use illegal drugs.

Douglas Hornburg

Oshkosh
- ---
MAP posted-by: Larry Seguin