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To: Rodney King
Every state has similar presumptions about intoxication at a 0.08 blood-alcohol level,

How does the state determine the blood-alcohol level of a person? Are they not causing the person to unconstitutionally be a witness against himself if they extract blood or breath?

The 5th Amendment to the Constitution.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

51 posted on 08/12/2005 12:34:29 PM PDT by MosesKnows
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To: MosesKnows

Yeah, I don't know exactly, but I know that it has already been litigated numerous times, in favor of the state.


54 posted on 08/12/2005 12:35:25 PM PDT by Rodney King (No, we can't all just get along.)
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