Legal Topics

Criminal law — Refusal to submit to breath, blood or urine test — Constitutionality of statute 

Mar 18th, 2025 in by admin

Criminal law — Refusal to submit to breath, blood or urine test — Constitutionality of statute — No merit to argument that statute that criminalizes refusal to submit to breath, blood or urine test when license has been suspended for prior refusal is unconstitutional because prior refusal is only proven by preponderance of evidence — Finding of license suspension, not finding of prior refusal, is element of offense and must be proven beyond reasonable doubt — Equal protection — Rational and reasonable basis exists for distinction between license suspension imposed for refusal in driving under influence case and fine imposed for refusal in boating under influence case