Comments on: Enhanced Implied Consent Penalty Declared Unconstitutional http://ohioduilaw.net/2008/01/20/enhanced-implied-consent-penalty-declared-unconstitutional/ Ohio OVI Law Sun, 02 Jan 2011 18:24:02 +0000 hourly 1 http://wordpress.org/?v=3.0.5 By: Nevada DUI License Suspension http://ohioduilaw.net/2008/01/20/enhanced-implied-consent-penalty-declared-unconstitutional/comment-page-1/#comment-1261 Nevada DUI License Suspension Sun, 02 Jan 2011 18:24:02 +0000 http://ohioduilaw.net/?p=5#comment-1261 Isn't it completely repugnant to the constitution for a state law to state that a police may, given a citizen's refusal, to ALLOW force to draw blood from a suspect? Either way, regardless of warrant, a 4th amendment right and a 5th amendment right trump any state law to the contrary. Isn’t it completely repugnant to the constitution for a state law to state that a police may, given a citizen’s refusal, to ALLOW force to draw blood from a suspect?

Either way, regardless of warrant, a 4th amendment right and a 5th amendment right trump any state law to the contrary.

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