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DWI: A social problem masquerading as a crime wave?

A fascinating discussion is underway in the legal blawgosphere regarding DWI, the threat it creates, and whether criminal sanctions are an appropriate response.Our pal Mark Bennett in Houston began the fray with a discussion of when it's appropriate to refuse a breathalyzer test, concluding there are only two circumstances when you should say "No": When you're guilty, and when you're innocent. (This advice, I should mention, is not universally popular, at least among the folks trying to score convictions.) The main reason to refuse if you're sober, says Bennett, is the possibility of false positives: The error rate on the commonly used Intoxilyzer 5000, he says, is an astonishing plus or minus 25%! That would make breath tests one of the least reliable of the commonly used forensic tests...continue to full post

Full post as published by Grits for Breakfast on June 28, 2008 (boomark / email).