Jan 13, 2021
Burden Of Proof In Breathalyzer Test Refusal
An interesting appeal happened recently in New Jersey, regarding the
burden of proof needed to enforce a suspect to complete a breathalyzer
test on suspicion of DUI. A woman had hit the side of a car stopped at a
stop light. The responding officer notices that her speech was slurred
and her eyes were glassy. She was unable to complete field sobriety
tests and refused to take a breathalyzer. She was arrested on suspicion
of DUI and taken to the station. At the station, she also refused a
breathalyzer test.
The woman was convicted of two lesser charges of refusal to submit to a
breathalyzer test and reckless driving. She appealed those convictions
based upon her contention that the state failed the Burden of Proof test
to require her to submit to a breathalyzer test. The court upheld her
convictions on the grounds that, yes, proof beyond a reasonable doubt is
needed to convict someone of a crime, but, the standard is substantially
lower to arrest someone. Therefore, the refusal to submit to a test was,
indeed, grounds for a charge.
If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne, or anywhere in the state of Vermont, and have been arrested
or charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.