QUOTE (Rick Lovett @ Jun 21 2006, 03:33 PM)
As for refusing Breathalizer tests, I'd check that one. There's been a huge push to make refusal an admission of guilt. I thought that one had succeeded, years ago, but maybe I've just been reading poorly written newspaper articles.
The laws have changed, at least here in Oregon. A person gives "implied consent" to those searches when they hold an Oregon DL.
Of course, they can refuse requests, but I believe (have to check the ORS) that after refusing DMV suspends a DL anyway, regardless of whether or not the matter is won (or lost) in the courts.
It's another way of strong-arming potentially innocent citizens into giving up their fourth amendment rights vis a vis hanging the prospect of suspending their driver's license in front of them.
Sadly, for most folks, the worst penalty they can suffer in a Dewey proceeding is losing their license; they lose it for some period of time in either scenario.
The bottom-line is not to get behind the wheel of a vehicle if you've got any doubts about passing a breathalyzer, otherwise flush that license down the drain for some length of time.
Police power is clearly out of control, and we've endorsed it.