State v. Denney

The defendant appeals his conviction of driving while intoxicated, second offense, after a jury trial in the Superior Court (O’Neil, J.), and raises the following question for our review: whether part I, article 15 of the New Hampshire Constitution, guaranteeing due process, precludes the State from introducing into evidence a defendant’s refusal to submit to a blood alcohol test (a test), where he had not been warned that his refusal could be used against him at trial. See RSA 265:88-a (Supp. 1986). We hold that the admission of the defendant’s refusal as evidence in this case deprived him…