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In Florida police

admitting to having two glasses of wine with

erance. In a recent DOT report, "Driver

dinner. He blew .03.146 Such arrests rarely

Characteristics and Impairment at Various

officers are

BACs," the agency concludes that "a majority

achieve convictions after full-blown trials, but

permitted to

of the driving public is impaired in some

even a simple arrest can seriously damage the

arrest motorists

important measures at BACs as low as .02

reputations of public figures or ruin the

percent."140 "Finally," the report reads, "this

careers of professionals such as teachers and

they suspect are

school principals.

laboratory study indicates that some impor-

driving under the

tant driving skills are impaired when there

Sobriety Roadblocks and the

has been use of even small amounts of alco-

influence of

hol."141 MADD London has used the report

Constitution

alcohol, even if

to call for a .05 BAC limit in England.142

The most vital component of NHTSA and

the motorists

MADD's 2002 joint "You Drink & Drive. You

Many jurisdictions have in fact already

Lose" campaign is the establishment of

enacted modified zero tolerance. For exam-

pass a breath

"sobriety checkpoints"--a euphemism for

ple, merely registering a BAC below .08 does-

test.

roadblocks where police officers stop

n't always get a motorist off the hook. In sev-

motorists without probable cause and

eral cities and counties across the country,

administer breath tests.147 Taken together

police officers have the discretion to arrest

drivers for "driving under the influence" if

with .08 per se and the fact that some juris-

the driver merely admits to having consumed

dictions leave "driving under the influence"

alcohol or any amount of alcohol is regis-

(as opposed to "driving while intoxicated")

tered in a breath test. When that is combined

completely to the discretion of law enforce-

with random sobriety checkpoints on road-

ment officials at the roadblocks, random

ways (a topic that will be discussed in more

sobriety roadblocks are perhaps the most

detail below), a motorist could have a beer or

potent and far-reaching victory of the neo-

two, be well under .08, drive safely and

prohibitionist movement. According to the

responsibly, and still be subject to arrest for

MADD website, 39 states plus the District of

"driving under the influence" and all of the

Columbia now employ sobriety roadblocks

embarrassment, public disgrace, and damage

in the ongoing campaign against drinking

and driving.148

to reputation that come with a criminal

charge of mixing alcohol with driving.

By their very nature, sobriety roadblocks

In Florida police officers are permitted to

are designed to catch motorists who aren't

arrest motorists they suspect are driving under

driving erratically enough to otherwise be

the influence of alcohol, even if the motorists

caught by law enforcement. And, as the stud-

pass a breath test. In fact, even if a urine test

ies mentioned above indicate, the odds are

later proves negative, the State Attorney's

that if motorists are driving with BAC levels

Office could still press charges, based solely on

below .10, they aren't impaired enough to be

the observations of police officers administer-

a significant threat to public safety, either.

ing roadside sobriety tests.143

NHTSA instructs local police depart-

ments to publicize the fact the checkpoints

Until 1994 in Washington, DC, blowing

will be in place, a curious undertaking if the

.05 or lower was prima facie evidence that a

aim is to actually catch repeated hard-drink-

motorist wasn't driving under the influence of

alcohol. That law has since changed.144 Today,

ing drivers, as opposed to merely discourag-

ing moderate drinkers from getting behind

any positive reading on a breath test is enough

the wheel.149 Indeed, the staunchest propo-

for a police officer to consider arrest--in effect

making the nation's capital a zero tolerance

nents of sobriety roadblocks admit that their

jurisdiction.145 In an op-ed, restaurant indus-

intended and primary effect is to deter the

social drinker, not to actually catch drunk

try spokesman John Doyle writes about Willis

drivers. In its instructions to local communi-

Van Devanter, a 66-year-old man arrested at a

ties, the DOT writes, "Because only a small

sobriety checkpoint in Washington, DC, after

14