Can you be forced to take a brethalizer?

UPDATED: Oct 1, 2022

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Can you be forced to take a brethalizer?

I understand that in North
Carolina today on I 85
truckers were forced to
stop at the 13 mile marker
scale house and take a
brethalizer. Isn’t this a
fourth amendment violation?

Asked on February 4, 2019 under General Practice, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do have the right to refuse the test--and to suffer the consequences of refusing. PA (like every state with which I am familiar) has laws that provide that if you refuse to take the test, you will be penalized. Every state has different penalties: PA suspends your license for one year and makes you pay a $500 restoration fee to get it back. So you need to decide if/when the police stop you and want you to take the test, if you are better off with that penalty or with taking the test. The legal underpinning for this, by the way, is that by having a PA license and/or driving on PA roads, you impliedly consent in advance to be tested when the authorities believe they have grounds for it (if you don't want to consent, don't have a PA license or drive on their roads); therefore, since you impliedly consented in advance, you may be penalized for not honoring your consent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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