Too Drunk to Give consent ?

[Roger_the_Shrubber]

Ya know what's odd to me? Watching Cops, like I do, that in Nevada the law enforcement can force you to give blood for these tests. Isn't that like...against the 5th amendment? A legal quandary to me, and I wonder why no one has taken a case to the Supreme Court to fight this.

[Roger_the_Shrubber]

But, isn't that giving evidence against yourself?

[Moving Sale]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

[smackaholic]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

So, you have the right to drive hammered, knowing that it endangers others?

Hopefully some day a drunk driver takes you out.

[Left Seater]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

You also pay taxes that keep the local airport working and you pay to keep it clean and you pay for the enforcement of the rules of the airport but it doesn't grant you access without a ticket. Same goes for your local military base and plenty of other examples.

[Diego in Seattle]

Ya know what's odd to me? Watching Cops, like I do, that in Nevada the law enforcement can force you to give blood for these tests. Isn't that like...against the 5th amendment? A legal quandary to me, and I wonder why no one has taken a case to the Supreme Court to fight this.

The 5th Amendment covers giving testimony against oneself. It doesn't cover providing evidence.

The issue you're reaching for is whether it constitutes an illegal search, an issue involving the 4th Amendment. The answer is no, as the courts have ruled that any medical procedure done w/in an inch of the skin surface is not considered unreasonable.

[R-Jack]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

You also pay taxes that keep the local airport working and you pay to keep it clean and you pay for the enforcement of the rules of the airport but it doesn't grant you access without a ticket. Same goes for your local military base and plenty of other examples.

I paid for that cops gun. Fuck him if he tells me I can't reach for it.

[Screw_Michigan]

Too drunk to give consent

Sounds good to me!

Sincerely,

AP

[Dinsdale]

in Nevada the law enforcement can force you to give blood for these tests. Isn't that like...against the 5th amendment?

the first sentence (and the answers given, which is disappointing coming from an attorney) is incorrect. The second sentence is true, had the first sentence been correct.

No, they can't "force" you to take a blood, breath, or urine test. That is indeed a violation of the Fifth Amendment (a flagrant one, at that).


Here's the catch, which it's shocking that it needs explaining...


First, do you have a drivers license, issued by any state in the USA?

If you answered "yes," and you don't know how this works, you're no Smackaholic when it comes to civics....


I don't care which state you got your license in, since it's fundamentally the same in all of them... hop into the Wayback Machine...


As a condition of being issued that license... you made an agreement called Implied Consent (way back when, I signed a form acknowledging it, but it's not legally required), that said you would consent to BAC tests should you be suspected of DUI.

But no, they can't "force" you to take any such test. In my state, it results in an immediate 1 year suspension of your license to refuse (which doesn't always put you in the clear from DUI charges), I believe other states vary on this. In Oregon, if there's an injury accident, police can quickly get a court order to haul anyone involved (including passengers and witnesses, which I've never heard of actually happening) in for a blood test.

[Dinsdale]

As to the original post...

After spending some time driving in Georgia on a couple of occasions, I believe that alcohol should be required before operating a vehicle. It's worth a shot, since their "sober" driving couldn't get any worse.

I'd been warned about the horrific driving there, but really couldn't comprehend the state of it until I witnessed it. Unreal. Morons.

[Diego in Seattle]

As to the original post...

After spending some time driving in Georgia on a couple of occasions, I believe that alcohol should be required before operating a vehicle. It's worth a shot, since their "sober" driving couldn't get any worse.

I'd been warned about the horrific driving there, but really couldn't comprehend the state of it until I witnessed it. Unreal. Morons.

Apparently you haven't been to Beantown...

[Dinsdale]

No, I haven't. But many who have tell me ATL is way worse.

I drove through Atlanta on a Sunday night. There were three multi-car pileups on I75 alone.

No, that wasn't a typo -- I indeed meant to type "three"... on a Sunday night. And I was told that was normal.

[Goober McTuber]

No, I haven't. But many who have tell me ATL is way worse.

I drove through Atlanta on a Sunday night. There were three multi-car pileups on I75 alone.

No, that wasn't a typo -- I indeed meant to type "three"... on a Sunday night. And I was told that was normal.

Probably due to the fact that they're all a bunch of Buttsprays and the steering wheel gets pinched by their stomach folds.

[R-Jack]

No, I haven't. But many who have tell me ATL is way worse.

I drove through Atlanta on a Sunday night. There were three multi-car pileups on I75 alone.

No, that wasn't a typo -- I indeed meant to type "three"... on a Sunday night. And I was told that was normal.

Probably due to the fact that they're all a bunch of Buttsprays and the steering wheel gets pinched by their stomach folds.

Or all the driving they have ever witnessed was a left turn.

[Moving Sale]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

You also pay taxes that keep the local airport working and you pay to keep it clean and you pay for the enforcement of the rules of the airport but it doesn't grant you access without a ticket. Same goes for your local military base and plenty of other examples.

No example you can cite is so clearly open to the public. Nice to see you siding with big government yet again. How liberal of you.

[atmdad]

I thought Scott was going to regale us with the tale of how he became a father.

[Left Seater]

I paid the taxes that keep the roads working and I also pay to clean the roads and I pay for the enforcement of the rules of the road, so driving is not just a privilege, no matter what 9 oracles on a bench say.

You also pay taxes that keep the local airport working and you pay to keep it clean and you pay for the enforcement of the rules of the airport but it doesn't grant you access without a ticket. Same goes for your local military base and plenty of other examples.

No example you can cite is so clearly open to the public. Nice to see you siding with big government yet again. How liberal of you.

No one said anything about agreeing with the taxes.

And there are plenty of examples that are clearly open to the public under certain circumstances despite the public paying for it. Driving is not unique in that respect.

[Moving Sale]

Again, It's nice to see you pimping big government. It's nice to know where you really stand.

[Roger_the_Shrubber]

Dinsdale,

In Florida, you can refuse a breathalyzer or any other test. It just means your license is revoked for a year. And Diego......an inch under the skin?????? You're going to have to show me that 'law'.

I still say a forced blood test, which I have seen with my eyes( strapped into a chair, fighting, and blood taken against consent), is illegal, whether 4th or 5th amendment.

[Diego in Seattle]

I'm having trouble locating information on the one-inch rule, but here the answer to your original question:

But, isn't that giving evidence against yourself?

https://supreme.justia.com/cases/federa ... /case.html