Self-Incrimination in DWI Cases
Rights against Self-Incrimination and DWI Test Refusals
Evidence that a DWI suspect refused to submit to chemical testing may be admissible in court in a DWI trial. In the case of South Dakota v. Neville, the Supreme Court held that admission of evidence about a defendant’s refusal to submit to a blood-alcohol test does not violate the defendant’s rights against self-incrimination. In making its decision, the Court stated that the police officer’s request that the defendant take the test was not an attempt to “compel” incriminating communications from the defendant and that the defendant’s refusal was not coerced.
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