Does refusing to submit to a blood test violate appellant's privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Municipal Court (Gonzales), 137 Cal.App.3d 114, 186 Cal.Rptr. 716 (Cal. App. 1982):

Nor does admission into evidence of appellant's refusal to submit to the test violate his privilege against self-incrimination. A refusal to submit to a blood alcohol test, like a refusal to provide any other physical evidence, is not testimonial and communicative, but circumstantial evidence of the arrestee's consciousness of guilt from which inferences may be drawn (People v. Ellis (1966) 65 Cal.2d 529, 537, 55 Cal.Rptr. 385, 421 P.2d 393), and "guilty conduct is not a testimonial statement of guilt." (Ibid.)

Other Questions


Does the implied consent of a driver who refuses to submit to a blood draw have any effect on the penalty for refusal? (California, United States of America)
Can a jury be found to have breached their instruction not to discuss appellant's failure to testify during deliberations by discussing the appellant's refusal to testify? (California, United States of America)
What is the difference between a failure to produce a measurable breath sample and later refusal to submit to a blood test? (California, United States of America)
Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence? (California, United States of America)
Can a witness who refuses to testify before a jury refuse to give evidence under the Fifth Amendment privilege? (California, United States of America)
Is a discovery order compelling answers that violate attorney-client privilege an abuse of privilege? (California, United States of America)
Does appellant have to provide a satisfactory explanation from appellant's counsel for his conduct toward appellant? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
Does a Defendant have a right to refuse a blood test on the grounds it would violate his right against self-incrimination? (California, United States of America)
Does a Defendant have a right to refuse a blood test on the grounds it would violate his privacy or his right against self-incrimination? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.