Quote:
Originally Posted by gsxr750
The problem is that you have your rights that protect you under the constitution, which the poster is correct.
But where it differs is in your rights concerning driving a car or drivers license.
Its already been decided years ago in the high courts, that driving a car is not a right, its actually a PRIVILAGE granted to you by the state where you reside and can be taken away on you at the states discretion, based on their state laws.
So refuse the DUI test, most states have laws that refusing the test will result in your license being revoked for a certain amount of time and you then need to re apply again for a new license. You also have the insurance ramifications to deal with.
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This is also 100% correct!
The law gets muddy when you are granted the privilege, and you're within the confides of it.
Case in point, OP is granted the privilege to drive a car, OP was asked proof of this, OP provided his license.
Done.
If OP had broken a law while driving, or it was readily apparent that a law was broken (let's say window tint [100% illegal here in CA on your front 3 windows]), THEN the officer now has "probable cause" to give you a ticket, then detain you and THEN is he wants, check your car.
The right to checking your car is lost once you accept a driver's license.
YES, you CAN refuse, in which you'll lose.
YES, you CAN lock your glove box and trunk and refuse to open it (lets say you have some sort of kill switch and you're in a car with a regular trunk,) the officer cannot pry, but while you're sitting on the curb in handcuffs and you have refused to open those, they now have MORE "probable cause" to get a warrant to open your glove box and trunk and check whatever they damn well please