Implied Consent

1679 Views 3 Replies 4 Participants Last post by Jeff Johnson, Feb 21, 2008

GeneticsDave

Discussion Starter · Feb 20, 2008

As many of you may know, by accepting (applying for) a Utah driver's license, you accept the Implied Consent law that requires you to submit to a Breathalyzer or other blood alcohol content measuring methods. I personally see this as a violation of the Fifth Amendment (the right to refuse to incriminate oneself), but that is a personal opinion.

My question is this: Is there a similar law with concealed or open carry? If you are involved in a shooting, are you legally required to submit to such tests to verify that you are sober? I'm not asking if it would be a good idea to do or if you should just to verify your innocence in that matter, I'm asking if we are LEGALLY REQUIRED to submit. I wasn't made aware of anything like this when I received my permit, but then again, I wasn't told about the Implied Consent law when I got my license either. If not, would LE have to provide a warrant to obtain blood samples or use the Breathalyzer?

Any clarification would be appreciated.

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xmirage2kx

· #2 · Feb 20, 2008

From what I can find: NO, you are not required to take any tests. However if you are arrested for a felony I think they can make you.
So it would all depend on if you were arrested for the shooting or not.

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abrian8

· #3 · Feb 21, 2008

Years ago a friend of mine was involved in a car accident that resulted in two fatalities. He walked away with only some minor bruises. The accident was not his fault and he left the scene with his wife who he had called to pick him up after the police finished with him. The first place he went was to the hospital. What made him do it, I don't know, but what he did saved him a lot of grief later. When he arrived at the hospital he asked for every test they could give him for any and all drugs and alcohol. Basically he practiced some serious CYA. With the accident investigation and the results of those tests the families of the people that died had no legal leg to stand on whatsoever when they later tried to sue HIM for their kids' deaths. Don't get me wrong, it was sad those two teens died but it was also sad that the families tried to sue a young father who did nothing wrong except attempt to drive home from work. So IMO, if I were ever involved in a justified shooting the first thing I would do is CYA!

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Jeff Johnson

· #4 · Feb 21, 2008

I've never heard of such a thing, but I'm not a lawyer.
That would be an interesting question to pose to Mitch Vilos.

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