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To: dbacks; Clemenza
{Refusal to submit to alcohol test is an} [Admission of guilt under most state laws. ]

Not true.

Not quite an admission of guilt, but almost as good for the prosecutor. It is strong evidence that the person is guilty per the following from Law Digest - Law Summaries here:

A blood alcohol test can be refused, but the consequences can be severe. In most states, refusal to take a blood alcohol test is prima facie evidence of drunk driving. In some states refusal to take the test can result in the automatic revocation of a license for a year.


41 posted on 01/12/2008 11:39:09 AM PST by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: BillF; dbacks
Several court decisions here in NJ have basically made refusal to submit to an alcohol test equivalent to an admission of guilt. It varies from state to state, but if you follow BillF's link, you will see that it is an admission of guilt elsewhere in everything but name.

This is NOT true, btw, with the "pre-tests" ie walking a straight line, touching nose, etc. In most states, you CAN refuse due to the lack of effectiveness of such tests in determining intoxication.

42 posted on 01/12/2008 11:45:44 AM PST by Clemenza (Ronald Reagan was a "Free Traitor", Like Me ;-))
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