Quote Originally Posted by ShelbyJK500 View Post
Probable cause already existed for the arrest...so the collection and/or preservation of evidence necessarily becomes the next logical step. NO due process is being violated, NOR any rights. I'm not saying I am completely on board with this blanket policy for refusals in this particular county...but it certainly doesn't fall outside the scope of criminal procedure and say that America is headed toward a police state.
I think the point being argued here is that a checkpoint or traffic stop based solely on time of day and day of week does not constitute probable cause. "You were driving between midnight and two thirty AM on a Friday, probability suggests that you're returning from a bar." That's not probable cause, that's an educated, yet unproven, guess. DUI Checkpoints are dragnets, the only proof that someone is drunk driving is provided after the contact, and is not the cause for the contact. I am in no way arguing either way because I'm still formulating my opinion, but I do disagree with the lack of due process for a DUI checkpoint.