I was pondering the Fifth Amendment, and wondering how the State can revoke someone's license for refusing a breathalyzer test. I found an answer on here that the Fifth Amendment is applicable only in criminal matters, and driving is (allegedly) a privilege, not a right. Thus, if one wishes to be granted the (alleged) privilege of a driver's license, one agrees in advance to either take a breathalyzer or forfeit that license. Many lawyers had the same answer.
Now this is what I DON'T get: the Fifth Amendment is used routinely in Congressional hearings or probes, even when there is no criminal investigation of that person. Or am I mistaken? Was every one of those people being criminally investigated? I do not believe they were. Either the 5th applies only to criminal matters, or not!
The Fifth Amendment addresses a person's right not to incriminate himself. It is not so rigid that it requires a defined criminal proceeding in order to apply. If you are subpoenaed to give testimony before Congress and an answer might be deemed incriminating, you may refuse to answer on 5th Amendment grounds until such answer no longer might incriminate you (i.e., immunity is granted). If you are a witness in a civil lawsuit, you may refuse to give answers if they would incriminate you as well.
You are still mistaken: the Fifth Amendment applies to criminal and civil proceedings (See Kastigar v. United States, 406 U.S. 441, 445 (1972)).
Though I am confused as to why you think the 5th Amendment applies in any way to the well established legal concept that a driver's license is not a right.
Would need to know which of "those people" you are referring to to determine if "they" were or were not making sworn statements that could be used to prosecute them for a criminal violation.
The Fifth amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
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