Is a defendant's refusal to take a breathalyzer test admissible evidence?
California, United States of America
The following excerpt is from People v. Walker, 266 Cal.App.2d 562, 72 Cal.Rptr. 224 (Cal. App. 1968):
Defendant asserts that the refusal of defendant to submit to a breathalyzer test should not have been admitted into evidence. In People v. Sudduth (1966) 65 Cal.2d 543, 547, 55 Cal.Rptr. 393, 421 P.2d 401, it was stated that the defendant's refusal to take the breathalyzer test was admissible evidence and might be the subject of comment and of a proper instruction by the court.
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