THE ADMISSION OF CHEMICAL TEST REFUSALS AFTER STATE V. NEVILLE: DRUNK DRIVERS CANNOT TAKE THE FIFTH

The purpose of this paper is to analyze a defendant's refusal to submit to chemical testing. The analysis is comprised of two major issues. The first issue is whether a defendant has any state created or absolute "right" to refuse testing, when, under state law, he has impliedly agreed to take such a test by using the state's highways. The second issue is whether any fifth or fourteenth amendment questions remained unanswered after "Neville and Schmerber versus California".

  • Corporate Authors:

    University of North Dakota School of Law

    Grand Forks, ND  United States  58202
  • Authors:
    • Crump, S W
  • Publication Date: 1983

Media Info

  • Pagination: p. 349-367
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00391384
  • Record Type: Publication
  • Source Agency: National Highway Traffic Safety Administration
  • Report/Paper Numbers: HS-037 113
  • Files: HSL, TRIS, USDOT
  • Created Date: Dec 30 1984 12:00AM