Implied consent law
Why are implied consent laws not unconstitutional? When you take a breath test, you are sometime giving all the proof that there is of your guilt. Seems like self-incrimination.
Asked on 1/11/02, 1:09 pm
1 Answer from Attorneys
John A. Birdsall
Birdsall Law Offices, S.C.
Re: Implied consent law
The theory is that driving is a privilege, not a right. As a condition of even receiving a license, you have to agree to the tests IN ADVANCE - you impliedly consent! Nobody likes it but that is the guts of the legal authority.
Answered on 1/11/02, 8:17 pm
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