[MissoulaGov] Dave's proposal is to make it a criminal offenseto refuse the test punishable with a $300 fine

[Colleen M. Dowdall]

The Constitution protects individuals against self incrimination.  That
is the "right to remain silent" part of Miranda.  Losing your license is
a civil penalty tied to your obligations under a driver's license, the
use of which is a privilege.  So if you don't blow a breathalyzer you
have a civil penalty imposed - you lose your license.

 

The ordinance will make it against the law to not blow into the
breathalyzer.  If you refuse to incriminate yourself, you will be
charged with a separate offense and receive a fine.  That is the
constitutional challenge.  The goal is laudable.  But the slope is
slippery.  

 

Other states and cities are better at DUI enforcement than we are.  We
need to explore all avenues for enforcement, without throwing the
constitution away.  

 

Colleen M. Dowdall

WORDEN THANE P.C.

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