State v. Morale

In this case, we confront the issue of whether admitting evidence of a DUI suspect’s refusal to submit to a breath test violates the suspect’s constitutional privilege against self-incrimination in a prosecution for criminal refusal. We decide that a defendant’s statement refusing to submit to a breath test does not fall within the category of compelled testimony protected by either the general Fifth Amendment privilege against self-incrimination or by the rights announced in Miranda v. Arizona, 384 U.S. 436 (1966). Recognizing that the State is entitled to compel a DUI suspect to submit to a…