Fifth Amendment and the Breathalizer in NC

Question

I am pretty well educated on the constitution and because of that I must ask, how does the state of NC get away with punishing a defendant for refusal to submit to a breathalyzer? In most states a warrant would be obtained then a test would be administered, but in NC they just take your license then use the fact that you refused to blow against you in court. Isn't this a violation of the Fifth amendment? It seems to me that forcing a person without a warrant amounts to forcing a person into self incrimination and amounts to deprivation of life liberty and property.

Answer 1

You are correct with regard to having to submit to the breathalizer and your Fifth Amendment rights.  If you are drunk, refuse the test.  In fact, don't even submit to any Field Sobriety Tests.  Give them no evidence to use against you in court.

However, the revocation of your driving privilege based on the exercise of your rights is not a violation of said rights.  When you sign the driver license application, you agree to submit to a test of your BAC.  If you refuse to submit to the test, then your driving privileges may be revoked or suspended.

This has no bearing on your criminal case, so no violation of your Constitutional Rights has taken place.  The Constitution simply protects your rights in criminal cases, not in cases of privilege, such as the issuance of your driver license.  Your attorney may fight the DMV in your state with regard to the revocation, but it is an uphill battle.  You might be able to stretch appeals to the point that the final outcome occurs beyond the date that your suspension or restriction would end anyway, thereby obviating your penalty (you can look up "obviating" on http://www.dictionary.com ).

For what it is worth, a urine test is the least accurate, so offer to submit to that, if you must provide a sample for BAC testing.  The cops won't offer that option, but if you are willing to provide that, and they refuse, then you have not violated the restriction in your DMV application.  A good attorney can defeat the results of a urine sample most of the time.

Good luck.  Taxis are easier and cheaper in the long run.

Answer 2

Driving is not a right it is a privilege

and when you drive there is a rule called implied consent you either submit to one or you take the consequences

I personally would submit to them at anytime

because I would never put my life or my children's or anyone else's life at risk so I do not have anything to worry about.

Answer 3

driving is a privilege not a right.

When you apply for a license you agree to submit to a breathalyzer when requested.  YOu also agree that if you refuse you will lose your license.

Answer 4

Implied consent.

Using a public road automatically makes you privy to the terms and conditions of using that road (Ie. the laws)

Answer 5

all the amendment should be remove from constitution....We don't need bladdy piece of **** to tell us what to do...do whatever you want and whenever you want...

Answer 6

Perhaps further education in legal matters would be helpful. By accepting the Driver's license you signed the waiver.

Answer 7

you are not as educated as you think in either the constitution or what happens in other states in this area.

btw, collecting information without a proper warrant is the 4th amendment, not the 5th.

Answer 8

You don't have to have a warrant for something like that when you have just cause for believing the person is currently intoxicated.

Just like you don't need a warrant to enter a home where you have heard a gunshot.

Answer 9

Uh....except that you agreed when you accepted the privelege of driving in the state to agree to the terms and conditions as stated; and those are among them.