Court: Punishment for Refusal to Submit to Breathalyser Not Unconstitutional

Kosice, November 27 (TASR) - The provision of the Penal Code concerning public endangerment under influence is in accord with the Slovak Constitution, it follows from the decision of the Constitutional Court, which turned down the motion by the Bratislava Regional Court, TASR learnt from the Constitutional Court spokesperson on Wednesday. The provision in question deals with punishment for those who refuse to submit to breathalyser test or other tests for the presence of intoxicating or narcotic substance. The Regional Court's motion stemmed from an appeal against a verdict by the Pezinok District Court, dated from December 2022, which found a defendant guilty of public endangerment under influence. The defendant had been driving a car and had refused a call by a police officer to submit to a breathalyser test or a medical blood exam. According to the Penal Code, those who endanger public under influence can receive up to one year in jail. A refusal to submit to a test for the presence of intoxicating or narcotic substance is grounds for the same punishment. In its motion, the Regional Court pointed out to provisions of the Constitution, according to which everyone has a right to stay silent and not provide a testimony, if doing so would expose them to a danger of criminal prosecution and everyone who faces prosecution is considered innocent until proven guilty by a court. mf