2015 WDFW Proposed Legislation: Hunting Under the Influence

[bigtex]

Ridiculous.  Infringement.  Stupid.  Punish a person when he commits act not because he has increased potential to commit.

So basically don't do anything to the drunk hunter until he shoots someone? With that mindset I guess we shouldn't arrest drunk drivers until they hit something. 

Maybe try being a good public servant and offer the guy a cup of coffee and a ride home instead of worrying about filling your quota and ruining their life. 

Or the person could be intelligent enough to not partake in activities that could impair themselves while hunting, and not cause themselves further harm or those around them harm 

[bigtex]

Instead lets pass more laws which basically make it illegal to possibly commit a crime? What?  Its more dangerous for a intoxicated person to hunt with a weapon so lets get em by entrapmant of the breath test.  But they havent really done anything yet right?

You do realize it's already a crime for someone to hunt while under the influence correct? Your whole "new crime" thing doesn't fly. It's not as if I can go hunting while drunk today, but couldn't if this bill passes.

"All U.S. states have driver licensing laws which state that a licensed driver has given his implied consent to a field sobriety test and/or a Breathalyzer or similar manner of determining blood alcohol concentration. These laws have generally been upheld by courts as a valid exercise of the states' police power, against challenges under the Fourth Amendment (as a reasonable search and seizure) and Fifth Amendment (as not violative of the right against self-incrimination). This is largely because in the United States, driving is considered a privilege rather than a right, and the state has a legitimate interest in keeping dangerously intoxicated drivers off the road, to prevent injury, property damage, and loss of life. In most states, however, the police must have reasonable grounds for administering a sobriety test" http://en.wikipedia.org/wiki/Implied_consent#Implied_consent_and_driving_while_intoxicated

WA law states if you have a driver's license you have given implied consent to tests
WA law states if you are boating you have given implied consent to tests
This bill would follow the above, and state if you are hunting you have given implied consent to tests

It's not as if only a handful of states have implied consent law, or just the "blue" states, ALL states have them.

For some reason mudman I think you would have a hard time saying the actions outlined in this bill would be entrapment. Then again, that case wouldn't happen in the Court of Mudman....

[bigtex]

Why is the mindset of LEO to always support more laws?

You may want to read news stories about almost all gun legislation. Nearly everytime there is a "controversial" gun proposal you see LEOs against it. As an example, the largest LE organization in WA is against expanding gun background checks in WA.

I have had several posts on this site regarding decriminalizing some natural resource offenses in WA, not making them totally legal, but making them able to be taken care of via a ticket/fine and not appearing before a judge. As an example, if you leave a campfire unextinguished you committed a misdemeanor, used a rake to harvest huckleberries you committed a gross misdemeanor, didn't wear an emergency cut-off switch on a jet ski a misdemeanor. All of those things could easily be handled by a ticket. But current WA law those individuals committing these offenses must appear before a judge.

[montana44mag]

Instead lets pass more laws which basically make it illegal to possibly commit a crime? What?  Its more dangerous for a intoxicated person to hunt with a weapon so lets get em by entrapmant of the breath test.  But they havent really done anything yet right?

You do realize it's already a crime for someone to hunt while under the influence correct? Your whole "new crime" thing doesn't fly. It's not as if I can go hunting while drunk today, but couldn't if this bill passes.

"All U.S. states have driver licensing laws which state that a licensed driver has given his implied consent to a field sobriety test and/or a Breathalyzer or similar manner of determining blood alcohol concentration. These laws have generally been upheld by courts as a valid exercise of the states' police power, against challenges under the Fourth Amendment (as a reasonable search and seizure) and Fifth Amendment (as not violative of the right against self-incrimination). This is largely because in the United States, driving is considered a privilege rather than a right,

The courts have also determined that little children waiting to get on a plane can have their genitals rubbed by strangers. Now the courts are trying to say its ok for the gov. to watch your kids webcam while they sleep and read and track everyones private mail and phone calls. Dosent make it OK or right, even if some spoiled idiot cokehead did announce a state of emergency 13 years ago.

[snarkybull]

Sorry, BigTex.  You really do sound like a leo who mostly gets it, but the lunatics are running the asylum now.  I know the prosecuting system is garbage.  I get that.  But there are too many laws, there is a reason the U.S incarcerates more of its citizens than pretty much any country ever.   This one does't solve anything.  Drunk hunters are a scary idea, but where's the evidence that people are getting hurt by them?

I have been taught repeatedly that leo's will fabricate to secure convictions on stupid little things like speeding tickets.  You and I know darned well these same leo's are driving the same speed in their personal vehicles.  Yet they give you the high moral ground speech about how you need to slow down.  Lies.  My opinion of leo's has been soured.  I do not believe they are on my side anymore.  If they were really interested in public safety then m44m layed it down straight:

Maybe try being a good public servant and offer the guy a cup of coffee and a ride home

Give the dude a wrath-of-mom type speech and a guilt trip and warning while driving him to home/camp.

If safety and prevention was really the deal, this bill would read more like this:

If subject refuses a breathalizer, the weapon will be jailed overnight. 

[stuckalot]

"WA law states if you have a driver's license you have given implied consent to tests
WA law states if you are boating you have given implied consent to tests
This bill would follow the above, and state if you are hunting you have given implied consent to tests"

How long will it be before the state determines that simply for the right to breath their air you have given implied consent to whatever tests and monitoring they deem appropriate?

The Feds have already said that anyone breathing can be compelled to purchase a product or face a fine/tax! i.e. Obamacare!

Our liberty is vanishing before our eyes for the false promises of security, equality and fairness.

[KFhunter]

We do need to strengthen the ninth,  challenge a lot of these "privileges" that should be unenumerated rights (or implied rights, fundamental rights, natural rights... which ever language you prefer) - like hunting and driving; an extension of freedom of movement.

[Elkaholic daWg]

Ridiculous.  Infringement.  Stupid.  Punish a person when he commits act not because he has increased potential to commit.

So basically don't do anything to the drunk hunter until he shoots someone? With that mindset I guess we shouldn't arrest drunk drivers until they hit something. 

That's EXACTLY how it's done with the mentally ill or disturbed in this state!  Having personal experience trying to get a loved one treated  seems impossible  unless they are a danger to themselves or others. which is usually NEVER known until AFTER the act. How about the legislature take care of a REAL problem.

[Elkaholic daWg]

Ridiculous.  Infringement.  Stupid.  Punish a person when he commits act not because he has increased potential to commit.

So basically don't do anything to the drunk hunter until he shoots someone? With that mindset I guess we shouldn't arrest drunk drivers until they hit something. 

Maybe try being a good public servant and offer the guy a cup of coffee and a ride home instead of worrying about filling your quota and ruining their life. 

Or the person could be intelligent enough to not partake in activities that could impair themselves while hunting, and not cause themselves further harm or those around them harm 

 Does the department have statistics to exhibit the need for such a law? And they are?

[flatbkman]

So currently the legal limit to drive is .08 unless you have a CDL then the limit is .04. Will the same limits be used when out hunting? Also currently MADD is trying to get the overall limit to .04, will the state then change their limit to match? What happens if the limit gets changed to .02 or even .00, especially since when you were sitting around the fire pit the night before having a few and get checked in the morning?

[bigtex]

So currently the legal limit to drive is .08 unless you have a CDL then the limit is .04. Will the same limits be used when out hunting? Also currently MADD is trying to get the overall limit to .04, will the state then change their limit to match? What happens if the limit gets changed to .02 or even .00, especially since when you were sitting around the fire pit the night before having a few and get checked in the morning?

The limit to drive is .08, but you can also get arrested for DUI for anything under .08. This legislation doesn't include a specific BAC level, the same goes for the current law for boating under the influence.

[Elkaholic daWg]

Bigtex just stated why one should take the breathalizer and do nothing else And still waiting for those stats

[Curly]

Bigtex just stated why one should take the breathalizer and do nothing else

 

Also why my personal limit is 1 beer when I get behind the wheel (boat or vehicle).  Too risky to try to push it.

[bigtex]

Bigtex just stated why one should take the breathalizer and do nothing else And still waiting for those stats

It's what every lawyer says as well. If you want stats you can file for a PDR from WDFW. I don't have every statistical number in my head 

[Elkaholic daWg]

If I were proposing or supporting such legislation I would, But I'm not.........  so as with the DFW requested changes to the RCW's.....there's no need.