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To: microgood
Is it constitutional to have your driver's license revoked for one year when you refuse a Breathalyzer?

Seems that most on FR say driving is not a right but a privilege and therefore the above is not unconstitutional. Apparently it holds up in court, but I don't know the legal means. Same for road blocks.

Is welfare a right? Seems if you don't want a drug test, don't ask for welfare. Sort of how NYC got by with random bag searches at subway stations. If you didn't want to be searched, you had that choice, but then you couldn't ride the train. At least not at that station.

Maybe the drug test could be random prior to picking up a welfare check. You don't have to pee in the cup, but you're not going to get that month's check unless you do.

42 posted on 03/26/2009 1:54:06 PM PDT by OA5599
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To: OA5599
Is it constitutional to have your driver's license revoked for one year when you refuse a Breathalyzer?

Probably not since you are being forced to incriminate yourself.(5th Amendment?)

Seems that most on FR say driving is not a right but a privilege and therefore the above is not unconstitutional. Apparently it holds up in court, but I don't know the legal means. Same for road blocks.

Government will always want more power than it is granted by the Constitution. This is a case where the government has won and citizens have lost. The Supreme Court even admitted that sobriety checkpoints violate the Constitution but seem to believe that the checkpoints are more important than the Constitution.

Is welfare a right? Seems if you don't want a drug test, don't ask for welfare.

No, welfare is not a right. The only case where the government can currently take away your constitutional rights is when you join the military. But if they have a government program that anyone can apply for, that does not mean you give up your constitutional rights to get in that program.

The bottom line with drug testing is it is basically a test for marijuana since all the other drugs are water soluble and leave your system very quickly. With the marijuana test, it only knows if you have done something in the last two weeks or so, not if you are currently under the influence so it is of limited value as well except that something you did last weekend can get you fired from your job.
50 posted on 03/26/2009 4:42:58 PM PDT by microgood
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