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.)
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