[Rick Lee]

Sorry. I see nothing obvious at all in law that clearly violates at least the Fifth Amendment, if not several others. I don't argue that someone can be charged with very serious criminal offenses AFTER they've committed them. But beforehand seems like a huge stretch. I think it's bad enough that we have "implied consent" laws for driver's licenses. When will that be expanded to car searches too?

If I kill someone while driving sober, chances are I'd be charged with vehicular manslaugther, at the very worst. Murder would be quite a stretch. Because drunk driving is a political issue as much as a road safety issue, killing someone while driving drunk is more likely to get a murder charge, though I don't think it warrants any more than manslaughter. Whether you're killed by a drunk driver or someone texting on their Blackberry, you're just as dead, both cases are just as unintentional and both were just as preventable. Seems to me the murder charge is then just a result of politics.

BTW, ever wonder why someone who shoots a cop, but the bullet is stopped by his vest, is only charged with attempted murder? Is the shooter's intent any different just because the victim survives? Why is it worse when the victim dies by the exact same intentions and actions? Seems to me it's just bad luck in that case.