Comment

Man Blows 0.00 on Breathalyzer, Gets Arrested for DWI

8
The GOP is a Terrorist Organization2/28/2014 10:20:29 am PST

re: #7 Aunty Entity Dragon

Keep in mind that in many jurisdictions, possession of a driver’s license constitutes implied consent for a field sobriety test. Refusal to take a test is grounds for immediate revocation of your license.

I’m not sure about that. The “implied consent” laws definitely apply to agreeing to take a breath test, but only after you have been arrested (unless you’re under age in some states). But as I understand it (again, according to my lawyer acquaintance who has defended DUI cases), there is no other exception to your 4th and 5th amendment rights.

Now a cop may say you are obligated to perform field sobriety tests and the like, but this is false. Cops are, however, allowed to lie in order to get someone to waive their rights. It’s a police tactic that’s as old as the hills.