State v. Welch

This is an appeal from a judgment of the district court after a trial by jury, convicting the defendant of operating a vehicle on a highway while under the influence of intoxicating liquor. 23 Y.S.A. § 1201 (a) (2). The issues on appeal revolve around the processing of the defendant at the police station after he was detained.

Defendant first claims that his responses refusing to consent to a breath test were compelled testimonial communications, which the trial court erroneously admitted into evidence in violation of his privilege against self-incrimina tion. U.S. Const, amends. V, XIV; Vt.…