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Why isn’t the threat of stiffer penalties for refusing a breathalyzer considered a form of coercion?
It seems that I have the right to refuse to take a breathalyzer. But isn’t the threat of higher penalties a form of trying to coerce a person into taking the test. Can this be considered an infringement on a person’s 5th Amendment rights. .
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#3 written by Robin 2 years ago
it is a form of coercion. as far as i can tell it was meant to be.
bypasses 5th amendment because it is still voluntary,
like our taxes. you volunteer or go to jail.
had a chaplin tell me that gvt does not use force on citizens, that i had the opportunity to go to canada or jail instead of being drafted
what is, is. deal with it as reality, stop whining
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#5 written by fangtaiyang 2 years ago
You do not actually have a right to refuse to take a sobriety test when you are driving. You signed away that that right when you received your driver’s license. Driving is a privilege, not a right and refusing to cooperate with a police officer in the determination of your fitness to have that privilege will result in the privilege being removed, as in a license suspension. You can refuse, but you do not have a right to refuse.
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There is NO threat. You signed a “contract” with the DMV when you accepted your license and drove on the road. You were made aware of the rules (even if you didn’t bother to read or understand them) and are responsible to obey them. You CAN refuse the breath test, and take a blood test. Refusing both results in a loss of driving privileges since you breached the contract.