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

[Carole]

Thank you, Ms. Dowdall!  I am not an attorney, but I was hoping someone read the statue the same as I did. 

Increased laws implemented over the past years have not stopped drunk driving.  Why would anyone think more laws will stop it?

Maybe the only thing left is to shoot drunk drivers at sunrise!

Carole Ulrigg



-----Original Message-----
From: Colleen M. Dowdall <cdowdall at wthlaw.net>
To: Ethel MacDonald <ethelmacd at gmail.com>; Carole <raoke at aol.com>
Cc: missoulagov at cmslists.com
Sent: Fri, Feb 19, 2010 4:57 pm
Subject: RE: [MissoulaGov] Dave's proposal is to make it a criminal offenseto refuse the test punishable with a $300 fine



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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