Can Refusal to Submit to Alcohol Test Be Used Against You In Court ?
In People v. Harris, 234 Cal. App. 4th 671, 184 Cal. Rptr. 3d 198, 210-12 (Ct. App. 2015), the arresting deputy told the driver that refusal to submit to testing would result in license suspension, it could be used against him in court, and he was required to submit to the test.
The court declined Harris's invitation to view the deputy's "requirement" statement as the only factor to consider in the totality analysis. Id. at 215.
Instead, it recognized the trial court is vested with the power to judge credibility of the witnesses, resolve conflicts in facts, and to draw the inferences as to whether consent was voluntary. Id. at 214.