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To: Theoria

Every state has “implied consent” laws - when you get a drivers’ license, if you’re arrested for drunk/drugged driving, you give consent to have a breath/blood/urine test administered to determine if you were intoxicated. You have no legal right to condition taking the test on your lawyer showing up. Driving is a privilege and not a constitutional right.


10 posted on 01/09/2013 10:58:27 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop

I agree on implied consent, but I assert that the implied consent only applies to retention of the right/privilege of driving.

There is still such a thing as the 5th amendment, and you cannot remove that without 3/4 of the states ratifying an amendment to repeal it. IOW, you can refuse, but they can’t forcibly take your blood. If you refuse, they can take away your privilege. If it is practiced to the contrary, then we are subject to future diminuation of other rights willy-nilly in the name of “this or that [usually, the ‘chilrun’]”


13 posted on 01/09/2013 11:06:28 AM PST by Gaffer
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To: goldstategop
'you give consent to have a breath/blood/urine test administered to determine if you were intoxicated.'

Yeah, in most states. But, I don't think MO called for the whole taking the blood without a warrant issue. Sure, the license is revoked, but you didn't agree to have part of your body taken away, nor searched.

20 posted on 01/09/2013 11:11:26 AM PST by Theoria
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To: goldstategop
>>Driving is a privilege and not a constitutional right.<<

Not sure we have too many constitutional rights any longer.

Wonder if this blood that is being drawn enters into a dna database or destroyed? Just curious.

29 posted on 01/09/2013 11:27:51 AM PST by servantboy777
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To: goldstategop

the concept of “implied consent” is one of the more evil ideas to come out of our police state.


44 posted on 01/09/2013 12:20:01 PM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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