I can only suspect that this topic has been done to this death on these boards, if not before my time, but I think it’s worth revisiting and discussing, as I’m certain that many of us have either personally been victims of the system (I have not), or we know individuals that have been. What I’m speaking of is overly harsh punishments afforded to those that have failed to meet the state’s arbitrary standard for how much alcohol can be in your system while driving.Many of you have already bought into the state’s propaganda. The mantra has been, for the duration of my lifetime, “don’t drink and drive.” The dangers of drinking and driving are perceived to be so severe that invasions of privacy (both through the breathalyzer test and traffic checkpoints) are justified. Indeed, we all have known or at least heard of individuals that were way too drunk, got behind the wheel, and either caused property damage, bodily harm to pedestrians/motorists, or came close to doing either. I’ll go ahead and preemptively dispel the notion that, in a (frequently caricatured) libertarian society, reckless behavior like that would be tolerated.I won’t mince words, though. There should be no laws against drinking and driving. That may come as a shock to many, as it challenges their fundamental beliefs about justice and what the purpose of the law should be. Lawmakers should not attempt to speculate on the factors that could, under certain circumstances, lead to an outcome where rights are violated, and then punish those factors directly. If that’s the purpose of law, we should be actively pursuing and punishing those that don’t get enough sleep, are too busy singing along to their favorite song in the car, are daydreaming, or don’t meet a certain judgment/intelligence standard, as determined by the state.Clearly, adopting such policies would yield an incredibly faulty and subjective justice system. There are tens of thousands of behaviors that we could attempt to prosecute due to their potentially negative consequences. We have to use more objective methods to determine what should be a crime, starting with an understanding of natural rights and the non-aggression principle. For behavior to be considered a crime, we must establish that either an individual’s rights have been violated, or that there was an unreasonable risk of harm to the individual’s person or property. So, if there aren’t drunk driving laws, how do we deal with the obvious problems caused by drunk drivers? The same way we should deal with any crime. If a drunk driver knocks down a mailbox, he is liable for the mailbox. If he hits and kills a person, he’s charged with murder. The fact that he had a .10 BAC when the crime happened is irrelevant; the driver was negligent. If the driver is swerving around or crossing yellow lines, that’s reckless driving.I expect at least one person to launch the utilitarian/pragmatic objection, which is essentially that drunk driving laws, even if not always fair, result in enough of a reduction in death/injuries/damage to be worth having. That may be the case, but if that’s the justification for our current set of laws, we could just as easily justify the total prohibition of alcohol, vehicles, or both.Even if you disagree with that line of reasoning, I would advise re-evaluating law enforcement’s methods for determining drunkenness. BAC is an unfair measure that simply does not take into account the individual’s ability to handle alcohol. Any seasoned drinker can operate a vehicle safely with a .08 BAC. We should all know this. It’s easy to throw your hands up and say, “Hey, gotta draw the line somewhere.” If that’s true, let’s draw the line somewhere that doesn’t take licenses away from safe drivers that happened to go through the wrong checkpoint or had a busted brake light.
1/8/2011 11:51:30 AM
what about laws about wearing a blindfold while driving?
1/8/2011 11:58:52 AM
Wearing a blindfold while driving is placing other drivers and pedestrians in unreasonable risk of harm, as the driver will be completely unable to navigate the roads or respond to traffic events. I suspect, though, that a blindfolded driver would not get pulled over for wearing a blindfold, as they would likely crash into an object or run off the road in a very short period of time.
1/8/2011 12:15:11 PM
As it turns out the number isn't arbitrary at all. There have been many studies showing that there is a threshold at which driving ability and reaction times drop severely, and as it turns out, that number .is right around .08.If you fire a gun into a crowd, you are attempting murder. If you release a deadly bacteria into a city's water supply, you are attempting murder. And if you get behind the wheel of a car drunk (which, through studies, has been defined by a certain BAC), then through your negligence, you are attempting murder.I'm not going to discuss this anymore, because obviously from reading your post your logic is akin to the average 5th grader. Take care though, and have fun reveling in the fact that this law will never get changed, and will probably only get stricter in the future.
1/8/2011 12:24:14 PM
^^you said that the pragmatic argument could easily lead to the prohibition of driving or drinking themselves
1/8/2011 1:23:44 PM
1/8/2011 1:38:35 PM
1/8/2011 1:57:33 PM
1/8/2011 2:09:31 PM
Drunk driving laws are an assault on personal freedom. The "Don't drink and drive" message is so ingrained into the public's mind that people like FeebleMinded consider drunk driving to be attempted murder, whereas before MADD was formed, drinking and driving was commonplace. Studies have shown that talking on your cell phone is just as dangerous, if not more so, than being intoxicated, yet you see this every day, all day.
1/8/2011 2:33:12 PM
1/8/2011 2:45:01 PM
1/8/2011 2:54:56 PM
This is fucking stupid and a part of your larger view of "anything and everything involving government is bad."If you take away all laws you're going to have a breakdown in society. This is something they realized 4000 years ago, yet which you cannot seem to wrap your mind around.
1/8/2011 3:56:47 PM
I can't even put into words how dumb your post is. It's a straw man, intellectual laziness, and lack of reading comprehension, all rolled in together. Congratulations, sir.[Edited on January 8, 2011 at 4:01 PM. Reason : Who the fuck is they?]
1/8/2011 3:59:53 PM
Let's see... fucking Babylonia?How can you possibly argue against removing drunk driving laws when so many people are killed by drunk drivers every year? Drunk driving has a high causation of infringing on other peoples' freedom and this law is designed to prevent that. Are you fucking stupid?
1/8/2011 4:10:07 PM
I should be able to fire my gun into a large crowd without consequence. Sure, someone not as skilled with a firearm as myself would likely hurt or kill someone, but my tolerance accuracy is much higher than that of the average shooter, and I can guarantee that I would not injure a single person. This is my right. Grant me this liberty.
1/8/2011 4:15:10 PM
I view myself as a moderate, pragmatic libertarian. I think the premise of this thread and anyone who agrees with it is fucking retarded.Crazy ass views like this are why people like me are not part of the Libertarian Party, and why you don't get a goddamn thing that you want accomplished, instead of at least getting a good bit of it. Of course, that's a pragmatic stance, which you not only can't bring yourself to embrace, but actively demonize. Nice work getting us all cornholed by the Dems and GOP. I will say that groups like MADD are responsible for some stupid bullshit, and drunk driving is in no way attempted murder. There's a reason the charge of manslaughter exists.
1/8/2011 4:16:18 PM
Jesus H. Christ! ^Your thoughts on BAC?[Edited on January 8, 2011 at 4:17 PM. Reason : ]
1/8/2011 4:16:39 PM
1/8/2011 4:17:10 PM
1/8/2011 4:17:30 PM
Jesus Herpderp Christ!
1/8/2011 4:18:08 PM
1/8/2011 4:18:20 PM
The funny thing is, is that I would agree that drunk driving laws are worthy of review. In fact, I actually believe that every motorist should have access to a breathalyzer before getting behind the wheel. 0.08 is such a precise measurement, yet the average motorist has no real way of judging whether or not he or she is approaching that limit. But the notion that drunk driving laws should be completely abolished in the name of personal liberty is some intellectual masturbation.
1/8/2011 4:20:04 PM
1/8/2011 4:20:20 PM
1/8/2011 4:24:06 PM
1/8/2011 4:25:50 PM
1/8/2011 4:31:02 PM
1/8/2011 4:37:05 PM
1/8/2011 4:37:30 PM
1/8/2011 4:51:15 PM
1/8/2011 4:54:02 PM
1/8/2011 4:56:00 PM
1/8/2011 5:05:37 PM
1/8/2011 5:24:17 PM
There are lots of drivers w/ BAC's over 0.08 who can hold a normal conversation, go to work, or do geometry homework but cannot succesfully complete divided attention tasks (driving). The magic number is 0.08; this is a double edged sword as >0.08 is pretty much a slam dunk in court but a person who might have showed a greater level of impairment but is <0.08 is a longshot.
1/8/2011 5:25:53 PM
1/8/2011 5:28:08 PM
1/8/2011 5:29:31 PM
1/8/2011 5:30:06 PM
^^^ Yes, and all of those things are ACTUALLY unreasonable. That's what everyone here is arguing. We get exactly where you're coming from and we vehemently disagree with you. See, we actually use our brains to make objective decisions whereas you like to blindly apply your ideology in places it doesn't belong.^^ Then please explain to me in detail how it is different. Because that has yet to be done.[Edited on January 8, 2011 at 5:34 PM. Reason : ]
1/8/2011 5:33:11 PM
^^Yeah it is. I don't limit my logical and philosophical distinctions to the weakness of language.Crossing the center line, driving with lights off at night, etc.... These are crimes, dude. Crimes.An infraction is (or should be) no different from a crime.Either your actions do or don't constitute an unreasonable harm or risk of harm to others' person, property, liberty, or right to the same.[Edited on January 8, 2011 at 5:36 PM. Reason : ]
1/8/2011 5:36:14 PM
1/8/2011 5:36:53 PM
1/8/2011 5:39:13 PM
1/8/2011 5:44:21 PM
And to add to that, a field sobriety test would be 1000x more subjective than a .08 BAC.
1/8/2011 5:45:47 PM
If someone is driving erratically and isn't drunk you just give them a ticket and tell them to stop driving erratically.If someone is driving erratically and drunk, what do you do? give them a ticket and tell them to stop being so damn drunk on their way home?
1/8/2011 5:49:14 PM
If someone is driving erratically and drunk falling asleep, what do you do? give them a ticket and tell them to stop being so damn drunk tired on their way home?[Edited on January 8, 2011 at 5:58 PM. Reason : ]
1/8/2011 5:57:58 PM
many (most?) places don't even use the field sobriety test anymore because of how subjective it is, raleigh won't even if you request it.
1/8/2011 6:00:54 PM
1/8/2011 6:01:42 PM
aaronburro, the voice of reason!
1/8/2011 6:02:23 PM
1/8/2011 6:07:46 PM
^^^Do we offer those people a chance to prove their [drunk] driving ability? Or do we simple convict them, as though they were really endangering others?(tyranny of the majority.... minority rights.... etc.)[Edited on January 8, 2011 at 6:11 PM. Reason : ]
1/8/2011 6:07:57 PM