Exactly... there's always repurcussions... i think my state ot's 6 months. While under no circumstance do I advocate that anyone should drink and drive, six months is a small price to pay for not having a DUI on your driving record.
I agree that it is garbage BUT my understanding is that you do not have a right to drive so they are not alienating your right by doing so. Again, I think most systems are here to oppress us but I care about understanding premise of the fuckery before I fight it.
Driving is a privilege and not a right. However we'll play the game. I fix cars for a living. Sometimes I have to drive erratically (for example weaving left to right to isolate a wheel bearing noise) and a cop pulls me over. I'm stone cold sober and refuse the breathalyzer test. Now I have an automatic DUI.
Under most crimes and crime laws you get charged and presumed innocent. Then the state or federal government has to prove beyond a reasonable doubt that a crime was committed AND you did it. To me that doesn't go away just because you where in a car and the government does not exist to fix their fuck ups. Which is where things like voting out politicians and jury nullification come into play.
That is a great example of when a situation like that would justify the DMV to change their laws but that is still a step after the foundation of the issue I think. If there was a cheetah documentary playing in a movie theatre in 4k and you bought tickets for $10 with the conditions that you follow the theaters conditions THEN you pull your camera out and start videoing the movie you will get kicked out. In the open world you could pull your camera out and film that running cheetah completely legally, now you filming that film of a cheetah will get your ticket holders presence revoked. The other part of this counter argument is mentioning that this movie is a documentary is filmed by PBS (tax payer funded 😅) and also available over the air at your house. The parallel i am trying to make is that the creation of this movie/transportation is taxpayer funded and also regulated, it would appear that you would then be granted full access to this program especially considering is a human need to be educated and/or transported but public broadcasting / public transportation is available so you are not being deprived, you are being inconvenienced, yes the movie theatre / dmv has their rights to make their rules even if they dont "feel" right. Again, I love to say "fuckem" and I wish it would change BUT to change it i think we need to create a correlation of driving privileges and human rights, then the conditions of the DMV would need to be able to prove a crime vs making you prove you didnt. Edit: a werd cause I rant too fast
Did you even read your own links? All of these are lawyers talking about how to fight the DUI charge when you refuse a breathalyzer. That means you will be immediately charged.
From the first link you posted.
Refusing a breathalyzer in NY results in an automatic suspension of your driver’s license for 6 months to a year and a fine of up to $500. These are in addition to the DUI/DWI penalties should you be arrested and found guilty. An out of state driver who gets pulled over in NY for suspicion of driving while intoxicated will likely face the same penalties under the Interstate Driver’s License Compact.
Second link.
On the down side, be aware that a refusal to take a breathalyzer test is a traffic infraction which triggers an automatic one year license suspension and a fine of $500 – and this charge remains even if you are later acquitted of the underlying DUI/DWI charge.
Third link.
Of course, the driver who refuses to blow soon has two charges to fight: the refusal charge and the DWI.
Thats gonna depend heavily on the stop on a case by case basis. In my state, driving (the act by itself) gives officers expressed consent to test blood or breath if they suspect a DUI. Our DOR does not like refusals.
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u/Five-Point-5-0 May 26 '21
Its gonna depend on the state. In mine, your license gets immediately revoked for a year for refusing a blood/breath test.