# Dui checkpoint...

**URL:** <https://boards.straightdope.com/t/dui-checkpoint/674354>\
**Category:** Great Debates\
**Created:** [November 20, 2013, 4:30pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354 "2013-11-20T16:30:45Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:30pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/1 "2013-11-20T16:30:45Z")

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> **[North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood](https://www.nbcdfw.com/news/local/north-texas-drivers-stopped-at-roadblock-asked-for-saliva-blood/2066488/)**
>
> Some drivers along a busy North Fort Worth street on Friday were stopped at police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood. It was part of a government...

It appears when a person is talking, the gadget measures alcohol concentration, if a hit is registered, they are asked to pull over for further investigation.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 4:32pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/2 "2013-11-20T16:32:24Z")

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And the debate is…?

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:33pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/3 "2013-11-20T16:33:57Z")

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> [@Czarcasm](#):
>
> And the debate is…?

Within the 4th AM? I think it is.

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**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\
**Post date:** [November 20, 2013, 4:35pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/4 "2013-11-20T16:35:22Z")

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Of all the things to be alarmed about in that article, the passive analysis of alcohol on the breath ranks pretty low to me.

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:37pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/5 "2013-11-20T16:37:16Z")

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> [@Sicks\_Ate](#):
>
> Of all the things to be alarmed about in that article, the passive analysis of alcohol on the breath ranks pretty low to me.

You don’t think it provides “Reasonable suspicion” to warrant a further detention?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 4:38pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/6 "2013-11-20T16:38:36Z")

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From the article:

> [@](#):
>
> Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood.  
> It was part of a government research study aimed at determining the number of drunken or drug-impaired drivers.

Also, it was an entirely voluntary program.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [November 20, 2013, 4:38pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/7 "2013-11-20T16:38:56Z")

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> [@lawbuff](#):
>
> [http://www.nbcdfw.com/news/local/North-Texas-Drivers-Stopped-at-Roadblock-Asked-for-Saliva-Blood-232438621.html](http://www.nbcdfw.com/news/local/North-Texas-Drivers-Stopped-at-Roadblock-Asked-for-Saliva-Blood-232438621.html)
> 
> It appears when a person is talking, the gadget measures alcohol concentration, if a hit is registered, they are asked to pull over for further investigation.

The story you linked to says absolutely nothing like this

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 4:40pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/8 "2013-11-20T16:40:28Z")

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> [@lawbuff](#):
>
> Within the 4th AM? I think it is.

When I asked what the debate was, I was wondering what your particular informed opinion was on the matter.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [November 20, 2013, 4:41pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/9 "2013-11-20T16:41:11Z")

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As intrusions go, this one doesn’t.

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**Author:** ![Sicks\_Ate](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Sicks\_Ate](https://boards.straightdope.com/u/Sicks_Ate)\
**Post date:** [November 20, 2013, 4:41pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/10 "2013-11-20T16:41:32Z")

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> [@Czarcasm](#):
>
> From the article: Also, it was an entirely voluntary program.

And as pointed out in a quote from a driver, being directed into a parking lot by somebody (who is probably dressed in uniform-y looking clothing) doesn’t feel voluntary, even though it is.

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:45pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/11 "2013-11-20T16:45:53Z")

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> [@Boyo\_Jim](#):
>
> The story you linked to says absolutely nothing like this

…He also noted the fine print on a form given to drivers informs them their breath was tested by “passive alcohol sensor readings before the consent process has been completed.”…

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:47pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/12 "2013-11-20T16:47:16Z")

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> [@Czarcasm](#):
>
> When I asked what the debate was, I was wondering what your particular informed opinion was on the matter.

IF a hit is recorded on the sensor, IMO, that supplies the necessary RS to further detain, do you agree?

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**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [November 20, 2013, 4:51pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/13 "2013-11-20T16:51:17Z")

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> [@Czarcasm](#):
>
> From the article: Also, it was an entirely voluntary program.

The stop did not seem voluntary at all nor the passive alcohol testing.

The other parts while technically may have been voluntary where presented in a form that seems to make it appear mandatory and also in a form that seems to intimidate the driver.

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<div class="post-metadata">

**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:53pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/14 "2013-11-20T16:53:19Z")

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> [@kanicbird](#):
>
> The stop did not seem voluntary at all nor the passive alcohol testing.
> 
> The other parts while technically may have been voluntary where presented in a form that seems to make it appear mandatory and also in a form that seems to intimidate the driver.

Exactly, while I think it would be upheld if challenged, it is not a “simple” 4th AM issue.

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<div class="post-metadata">

**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 4:59pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/15 "2013-11-20T16:59:10Z")

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It is not exactly clear what reading has to come up to ask for a consent form be signed, but if a .07+ or so came up, that would provide RS.

However, the consent form seems to indicate mandatory compliance rather than a voluntary act?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 5:01pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/16 "2013-11-20T17:01:40Z")

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> [@lawbuff](#):
>
> Exactly, while I think it would be upheld if challenged, it is not a “simple” 4th AM issue.

Sorry-I wasn’t understanding your “4th AM” abbreviation at first. “4th Amendment”, correct?

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 5:03pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/17 "2013-11-20T17:03:23Z")

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> [@Czarcasm](#):
>
> Sorry-I wasn’t understanding your “4th AM” abbreviation at first. “4th Amendment”, correct?

Yes, 4th, that is why I put it in debates. After going over it in my mind, I am mixed on my opinion?

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<div class="post-metadata">

**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 5:07pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/18 "2013-11-20T17:07:11Z")

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> [@lawbuff](#):
>
> Yes, 4th, that is why I put it in debates. After going over it in my mind, I am mixed on my opinion?

😕 I think that’s for you to tell us.  
Now that I’ve had time to do more than skim over the article you provided, I can see where people might think they had no choice when it came to the tests.

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**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [November 20, 2013, 5:09pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/19 "2013-11-20T17:09:16Z")

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> [@Czarcasm](#):
>
> 😕 I think that’s for you to tell us.  
> Now that I’ve had time to do more than skim over the article you provided, I can see where people might think they had no choice when it came to the tests.

IF a hit comes up, why would they need a consent form? I think the RS may be weak, so they want to dot the I’s.

It’s hard to tell now what the POLICY mandates?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 20, 2013, 5:13pm UTC](https://boards.straightdope.com/t/dui-checkpoint/674354/20 "2013-11-20T17:13:00Z")

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> [@lawbuff](#):
>
> It’s hard to tell now what the POLICY mandates?

It’s hard to tell from the sentence structure whether this is a statement or a question.

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