Martin v. State

Danny Thomas Martin was convicted for driving under the influence of alcohol in violation of Alabama Code 1975, §32-5A-191(a)(2). Two issues are raised on this appeal of that conviction.

I

Even if Martin had only been charged with being in actual physical control of a motor vehicle while under the influence of alcohol, his refusal to submit to a chemical test for intoxication was probative on the issue of intoxication and admissible evidence. Hill v. State, 366 So.2d 818, 321 (Ala. 1979); South Dakota v. Neville, 459 U.S. 553,103 S.Ct. 916, 74 L.Ed.2d 748 (1983).

II

Martin argues that the state…