Doesn't the officer have to have, you know, "probable cause" to stop someone for a crime. DUI is a crime, after all, you know.Driving in Oregon is a privilege, not a right. One of the items that you agree to when you are issued an ODL, is that you are consenting to a breath test when asked for by a police officer. Failure to comply is grounds for an immediate one year suspension of your driving privileges. Also, failing to comply can lead to your arrest, where it is much easier for the police to get a warrant for your BAC.
1) That wasn't legal advice.Doesn't the officer have to have, you know, "probable cause" to stop someone for a crime. DUI is a crime, after all, you know.
You might want to brush up on your criminal law a bit before offering legal advice on a forum. Just sayin'.
The Supreme Court has held the privilege extends only to communicative evidence, and DNA and fingerprint evidence is considered non-testimonial.Given our Constitutional right to not "self incriminate"...
I wonder if anyone has tried to invoke the fifth amendment to avoid a "blow test". "I decline to comply with your request, or to answer any questions, or perform physical tests, on the grounds that ....". If you are arresting me, please state as such, read me my rights and allow me to have council present. The trick would be to keep from talking until your lawyer arrived.
Are there any other laws that "require" someone to self-incriminate?
But like Ron White said," I may have had the right to remain silent...but I didn't have the ability."