Refusal to take a sobriety test a crime punishable by the same penalties as being convicted of drunken driving.
The main reason for this proposal is that repeat offenders are refusing to give consent to testing at the time of the stop in 75% of the states dui cases.
As the burden to prove a citizen guilty of a crime is always on the state under the Constitution. Some of the legislatures are more comfortable with forcing someone to give evidence by taking the test than making refusal an automatic conviction.
As some states have already implemented. In those states they take an arrested and charged person’s blood with or without consent because driving is a privilege and not a right guaranteed under the Constitution.
The current law already has the subject taken into custody at the time of refusal and they already lose their driving privileges for 3 months. This proposal is in addition to the current law.
When all that is needed in my opinion is the ignition interlock device to be placed in their vehicles after their first conviction.
http://billingsgazette.com/news/state-and-regional/wyoming/article_92b3fcd2-fe4c-11de-a22a-001cc4c03286.html
You are missing the point here that that if this law is passed then what is to saythat they dont pass laws in the future that take away your rights to have a warrant for a police officer to come into your home so you would be fine with them just assuming your guilty for rufusing them entry. this proposed bill is wrong and not warranted.
And for your information I dont consume alcohol so I am looking at this in a constituional way.
It is well settled that the United States Constitution protects an individual’s right to travel. With the proposed legislautre it is a clear violation of an individuals 5th amendment rights. against self-incrimination
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