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Dallas wrote:
Breathalyzer that is... and field test.. and blood test. With respect to your certificate, I was wondering what the best course of action would be if you had imbibed a couple of cocktails and you were pulled over and suspected of DUI. For example, a friend of mine blew just above the limit during a traffic stop. Her advice to people is to never "blow". It took several hours to get her to the station and by that time, she contends, that she would be below the legal limit. I would say never take a field test as those are completely subjective. Many States automatically suspend your driver's licence for refusal to take an alcohol test. From a constitutional point of view, I don't understand why the 5th Amendment doesn't come into play here. Doesn't one have the right to refuse all alcohol tests on the basis of self incrimination? Because driving is not considered to be a right, but rather a privilege. I'm not saying I agree, but I believe that is the reason this practice has not been deemed unconstitutional. Matt |
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