Criminal law — Driving under influence — Evidence — Blood test refusal — Confusion doctrine — Court declines to adopt confusion doctrine — Even if court adopted doctrine, it is inapplicable where defendant was confused about consequences of refusing to submit to blood test, not about interaction of implied consent warnings and Miranda rights — Further, defendant’s circumstances are distinguished from cases applying confusion doctrine because law enforcement specifically advised defendant that refusal to submit to blood test would be used against her in criminal proceeding — Defendant is not precluded from explaining to jury her reasons for refusing blood test to counter state’s consciousness of guilt argument
Legal Topics
Criminal law — Driving under influence — Evidence — Blood test refusal — Confusion doctrine
Dec 26th, 2025 in by admin
