Is Refusal to Take Breathalizer Admissible in Civil Action?
I have a case where the defendant was arrested at the scene for DUI, but refused to blow on the breathalyzer.He later pled to a lesser offense than DUI, but the 2 police officers on the scene will testify in the civil case that based on his actions at the scene and their observations of him, he was intoxicated.Is the issue of his refusal to blow on the breathalyzer admissible or not?
Answer: Here are your cases: Stacey v. Caldwell, 367 S.E.2d 73 (Ga. App. 1988): Refusal evidence admissible; Deering v. Brown, 839 F.2d 539 (9th Cir.1988): Not a violation of 5th amendment to admit in criminal prosecution; McKay v. Davis, 1982 NMSC 122, 653 P.2d 869: Refusal admissible in civil case; McKinney v. Galvin, 701 F.2d 584 (6th Cir. 1983): Refusal admissible in a civil case.
Posted on Mon, March 23, 2015
by Travis Law Office filed under