Admissibility of Chemical Test Results in Drunk Driving Cases- Constitutional Considerations (PDF)
Evidence that an arrested motorist refused a chemical test can be devastating to the defense of a drunk driving charge. Admissibility of refusal evidence involves consideration of constitutional rights, statutory provisions, and rules of evidence. A 2016 U.S. Supreme Court decision significantly changed the landscape with regard to criminal refusal statutes. This Emerging Issues Analysis explores the issue and the impact of this case.
Richard E. Erwin, Esq. is an author of Defense of Drunk Driving Cases Criminal-Civil, Third Edition, Volume 1.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually.