Comments on: Three Years in Prison for Refusing Breathalyzer Test http://lawandbaseball.com/2010/02/10/three-years-in-prison-for-refusing-breathalyzer-test/ Horry County Law Sun, 13 May 2012 17:46:04 +0000 hourly 1 http://wordpress.com/ By: Johnny Gardner http://lawandbaseball.com/2010/02/10/three-years-in-prison-for-refusing-breathalyzer-test/#comment-91 Wed, 24 Feb 2010 00:13:09 +0000 http://lawandbaseball.com/?p=297#comment-91 Thank you for your comment. I agree with you that it is offensive to think that here in America someone can be sent to prison for refusing to help the police convict one’s self.

]]> By: carlfolsom http://lawandbaseball.com/2010/02/10/three-years-in-prison-for-refusing-breathalyzer-test/#comment-90 Tue, 23 Feb 2010 16:55:00 +0000 http://lawandbaseball.com/?p=297#comment-90 The courts have rejected that it is a Fifth Amendment problem. The say that the government is not forcing anyone to be a witness against themself, just to provide evidence that is incriminating (sounds like being a witness to me).

But I believe that it is a Fourth Amendment problem. Numerous courts have said that it is a search of a person’s lungs to require a breath sample. Here, the State made it a crime for a person to refuse a governmental search of their lungs. Maybe the government can get a warrant, supported by probable cause, and force the person to give a breath sample. But it is highly offensive to think that a person is going to prison for failing to consent to a search of their person.

]]>