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A drivers license is a conditional use permit and one of the conditions of its use is to answer questions when stopped by law enforcement.


Say what? There is no conditional use for a California drivers license. You may have it confused with "implied consent" for DUI test and even then field sobriety and field breathalizers are voluntary. They can only make you take a test after your in custody.

You are only required to verify your identity, address, vehicle registration, and auto insurance coverage. <img src="/forums/images/graemlins/patriot.gif" alt="" />

What I was referring to is that having a drivers license is a privilege and not a right. The privilege of having one comes with conditions of its use, one of the conditions is the possibility of being stopped at checkpoints, and being open to searches, and providing your identity, address, vehicle registration, and auto insurance coverage, and even state where you have been. Unlike being in the act of driving a car, had he just been walking down the street, he would not have had to answer any of the Q's or even provide an ID card w/o the officer having "probable cause", and refusing to talk to an officer isn't "probable cause".

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You may have it confused with "implied consent" for DUI test and even then field sobriety and field breathalizers are voluntary

Not confused at all, I know you don't have to submit to any of the DUI field tests. However not submitting to them you are voluntarily giving up your Dl for 6 mos, which is one of the conditions of a DL. If you know you are drunk and decided to drive anyways, it would be far wiser to just refuse the field tests and surrender your license on the spot, providing you weren't in an accident there isn't any arrest/court appearance/fines, just loosing your license for 6mos. I am not sure how the insurance companies take this, they really can't increase your rates/drop you for a DUI since you didn't get charged w/one, though I imagine they have some loophole to charge you more anyways.


More than tread lightly. Leave it like you were never there, nor anyone else.
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