A Driver’s Refusal to Submit to a Blood Alcohol Test is Admissible as Evidence at Trial

In 1983, the United States Supreme Court held that individuals who refuse to submit to a blood alcohol test may have that refusal admitted as evidence against them at trial. This reversed the Supreme Court of South Dakota’s decision, affirming the circuit court, which held that the law allowing for this evidence to be admitted against the accused violated the Fifth Amendment privilege against self-incrimination. This article reviews the development of the government’s power to compel a blood alcohol test and question whether such legislative measures will reduce roadway fatalities.