Dallas wrote:
On Thu, 14 Feb 2008 08:55:37 -0500, Ron Natalie wrote:

The way it works in nearly every state is that alco tests are consented
to as a condition of license issuance.

I could argue that loosing your privilege to drive constitutes a penalty.
Refusing to incriminate yourself by declining an alcohol test results in
the application of this penalty. Therefore, you are being penalized for
exercising your 5th amendment right of non incrimination.

It sounds non constitutional to me.


The problem is as it has been explained to you before in this forum is
that the permission to drive a car on the public roadways is not a
right. It is a privilege that is granted you by the entity that
owns/controls those roads i.e. the state. Part of the contractual
agreement you enter into with the state is that you will consent to a
alcohol test.

It is no different than if when I hire you to go to work for me you
agree to random drug screens with the understanding refusal or failure
will result in termination.