Quote:
Originally Posted by Colts Fan
It's called implied consent. If you refuse the test it is automatically assumed that you are under the influence.
It may be ASSUMED, but it is not de facto PROOF. You still get a trial, and you can still be found not guilty...... in any state that I'm aware of.
Now..... GMAN says differently for HIS state. I would like to ask him what state that is, so I can verify it for myself.
The implied consent law, says that if you refuse to take the test, you automatically give up your "privilege" to drive for one year. It does NOT "imply" an automatic conviction, and by itself, does not surrender your 5th ammendment right. I read what was said in the link by Farder just above this original post, but the fact that your 5th Ammendment right is not considered AS TO THE SUSPENSION does not mean you don't retain it AS CONCERNS THE TRIAL AND POSSIBLE CONVICTION.
Also, you can refuse BOTH the Blood Alcohol Breathalyzer test AND the Blood test at a local hospital. They CANNOT force you to have one or the other. They can give you a CHOICE if you don't want the breathalyzer, but you can refuse BOTH. Of course, that means a suspension, but not necessarily a conviction. (GMAN's statement notwithstanding until I learn more about HIS state.)
Forcing an American citizen to take either test, would violate BOTH the 4th and 5th Ammendments. The implied consent law basically means that you have given your "implied consent" ONLY to have you license automatically suspended IF you refuse to be tested. It does NOT mean you have given implied consent to be tested against your will.