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threelemmings
Dec 4, 2007
A jellyfish!

PostNouveau posted:

What is the reasoning behind no refusal laws?

I could see this both ways. I understand the no incrimination thing, but I would also think that, since the police can search you if their suspicions clear some standard, they could call your refusal to do a breath test an obstruction of their investigation.

At the basic level the idea is that driving is not an implicit civil right but a privilege granted and controlled by the government as long as you are driving on the road (often maintained/built by the government); just as they can mandate that you must do certain things to keep your vehicle registered (inspections, etc) or have registration revoked, they can also mandate you do certain things to keep yourself registered (licensed). IE: Driving tests every so many years, or tests for alcohol when it relates to driving. You can decide not to do those things, but in return the government can decide you no longer have the privilege of driving. There is obviously a bit more to it but that's the short version.

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