RE: DUI Right to refuse test(s)

[dave33]

bitor, I agree and disagree. I think in most situations it is much better to keep your mouth shut. I am fairly certain this is common knowledge, but because of reasons beyond my understanding people continue with the hope that they san talk there way out of the situation. Anyway, exercise every right you have. The problem I have is the right not to incriminate yourself. Don't get me wrong, I completely agree with the concept of not incriminating yourself. I simply believe that more and more you are forced. Also, I would say the average person does not have 10k for a trial. They don't have it or they don't realize how important agood trial lawyer is. I also say 10k if it's just an average DUI with no other charges. SO, if you want to defend your rights and not take a plea than you better get out the cash. A good zealous defense is not cheap.

 

[cyjeff]

bitor, I agree and disagree. I think in most situations it is much better to keep your mouth shut. I am fairly certain this is common knowledge, but because of reasons beyond my understanding people continue with the hope that they san talk there way out of the situation. Anyway, exercise every right you have. The problem I have is the right not to incriminate yourself. Don't get me wrong, I completely agree with the concept of not incriminating yourself. I simply believe that more and more you are forced. Also, I would say the average person does not have 10k for a trial. They don't have it or they don't realize how important agood trial lawyer is. I also say 10k if it's just an average DUI with no other charges. SO, if you want to defend your rights and not take a plea than you better get out the cash. A good zealous defense is not cheap.

Again, test results are considered physical evidence and, therefore, are outside the fifth amendment.

We are not talking about speaking at the stop... I agree that keeping one's mouth shut is the way to go.

The OP was saying that refusing to agree to the test was a constitutional right.

It is not. In every state. According to the SCOTUS.