Hypothetical traffic stop question for the legal eagles

That’s why it is called implied consent. The act of driving is enough to imply consent. Most if not all states have implied consent laws. Some go further than others. It has been upheld by courts for years. If you don’t like it then the revolution is down the hall to the left. As others have said it does not violate your rights under the fourth amendment, just your driving privledges.

The situation in the OP could not happen in NJ. The implied consent law states that you must submit to samples of your breath. That only happens after an arrest. We don’t have field breathalyzer units. Any breath samples are done after arrest in the police station. The smell of alcohol would only be one piece to be used as probable cause for an arrest. There would be how you were driving, sobriety tests, HGN and the fact that you pissed and shit yourself.

You seem to think that it’s perfectly alright to operate a motor vehicle in Colorado, even though you never took a test there, or applied for a license to operate a MV. I would assume that while driving in Colorado, you would follow the traffic laws there, even if they aren’t identical to Florida’s.

The way I see it, Colorado will let Florida drivers operate motor vehicles, as long as the Florida drivers follow all Colorado rules and regulations, just like a Colorado resident would.