One of the big issues that has made its way to the United States Supreme Court is whether a driver can be charged with a crime for refusing to submit to an alcohol breath test when asked by police upon a showing of probable cause that the driver is under the influence of alcohol.
Essentially, in some states such as the Commonwealth of Massachusetts, a driver has the right to decline a breath alcohol test (generically called a Breathalyzer), and this refusal cannot be used against the defendant in a court of law. Continue reading