Quote Originally Posted by clublights View Post
Does the getting a DL over ride your 5th amendment rights ?
Where in the world are 5th Amendment rights coming into this? Your 5th Amendment right has EVERYTHING to do with spoken testimony/statements, and NOTHING to do with the collection/preservation of evidence to which probable cause exists to obtain. This is why search warrants are easily obtained in the cases in question. Probable cause already existed for the arrest...so the collection and/or preservation of evidence necessarily becomes the next logical step. NO due process is being violated, NOR any rights. I'm not saying I am completely on board with this blanket policy for refusals in this particular county...but it certainly doesn't fall outside the scope of criminal procedure and say that America is headed toward a police state.

Also, just my editorial...the submission to chemical testing is also considered exculpatory evidence. Which is; evidence that could prove your innocence. The main reason why Express Consent is required when obtaining a license is that there should be no reason for refusing a test to be taken unless you are guilty of the crime. If you are charged with a crime and there is evidence out there which could prove you innocent of the charge...would you not DEMAND it's collection?!? Of course if you knew there was evidence of the crime out there which could prove your guilt, you would want to distance yourself from it as far as possible. In either case, no matter which side you are on it is a matter of DUTY by any entity investigating a crime to collect and preserve any and all evidence that would serve either purpose.

This topic is truly ALL about evidence collection and NOT about the loss or violation of rights. If this were occurring without a search warrant in misdemeanor cases I would be on board with a discussion of rights violations.