HIGH COURT ALLOWS BLOOD TEST REFUSAL AS PROOF OF DWI

The U.S. Supreme Court has ruled that a driver's refusal to agree to a blood alcohol test may be used as evidence toward proving a charge of driving while intoxicated. The 7-2 decision, in "South Dakota V. Neville" held that use in court of one driver's refusal to take a blood alcohol test does not violate Fifth Amendment protection against self-incrimination. The court also ruled that a driver, upon being apprehended under suspicion of driving while intoxicated, does not have a constitutional right to be advised that refusal of the test is admissible toward determination of guilt.

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  • Corporate Authors:

    Association of Trial Lawyers of America

    1050 31st Street, NW
    Washington, DC  United States  20007
  • Publication Date: 1983-6

Media Info

  • Pagination: p. 13-14
  • Serial:
    • Trial
    • Volume: 19
    • Issue Number: 6
    • Publisher: Association of Trial Lawyers of America
    • ISSN: 0041-2538

Subject/Index Terms

Filing Info

  • Accession Number: 00385599
  • Record Type: Publication
  • Source Agency: National Highway Traffic Safety Administration
  • Report/Paper Numbers: HS-035 876
  • Files: HSL, TRIS, USDOT
  • Created Date: May 30 1984 12:00AM