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The Constitution is not a dirty legal trick

Friday, October 30, 2015

DUI dirty tricks with the 4th Amendment Actual ConsentOn October 29, 2015 WSB-TV Channel 2 ran a spooky Halloween investigative report claiming that DUI Offenders were using a legal "trick" to get out  of DUI arrests by claiming they were too drunk to consent to blood and breath tests. This story simplifies the complex and confounds the simple. First, there are two ways to convict of alcohol DUI. One is being over the legal limit of .08 within three hours of driving regardless of impairment. The second way is being less safe to drive because you drank before or while driving. If you are too drunk to consent to a breath or blood test, it is pretty much a given you will be found guilty of being less safe. What this really about is convicting people who don't look impaired with a breath or blood test administered by the State which won't release the computer source code controlling their device claiming it is proprietary and a "state secret" (think Volkswagen Scandal) or by a blood test which measures blood alcohol by gas chromatography device without using mass spectrometry to verify that is actually alcohol. In short, the state is measuring by blood alcohol with palm reading. Not science and would not stand up to the real world of peer review but rather is legislatively mandated science, i.e,, "It's science because I say it is."  Second, the U.S. Constitution is not a loophole, a technicality or a "legal trick" employed by unscrupulous lawyers. Every prosecutor and police officer in this country takes an oath, a sacred promise, swears to defend the United States Constitution against all enemies both foreign and domestic.  So who is prosecuting them for trying to undermine the 4th Amendment as a violation of their oath of office. If you don't like the Bill of Rights move to China, you'll be safe there and, at least, now you can have more than one baby. Whether you will be free is debatable, but at least you can have more than one baby. This is yet another example of a little learning is a dangerous thing.

-Author: George Creal





is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Atlanta DUI lawyers with both an AV Preeminent rating from and a 10.0/10.0 Superb rating on He has over 100 "not guilty" verdicts under his belt and has forged indispensable relationships with police, judges and prosecutors all over the State of Georgia in order to benefit his clients' defense.
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