What is the effect of the fact of refusal on an arrestee's right to plead not guilty?

California, United States of America

The following excerpt is from Quintana v. Municipal Court, 192 Cal.App.3d 361, 237 Cal.Rptr. 397 (Cal. App. 1987):

The reasoning of South Dakota v. Neville is persuasive in considering the issue before us. California has made the choice more difficult but we do not believe it has reached a level of improper coercion which would violate the values behind the privilege against self-incrimination. The arrestee still has his choice--a "safe, painless and commonplace" test or license suspension plus the use of the fact of refusal against him, now including a sentence enhancement should he be convicted of driving under the influence.

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