Vermont v. FrancisAnnotate this Case
Defendant Donald Francis appealed his conviction of driving under the influence (DUI), arguing that the trial court impermissibly burdened the exercise of his Fourth Amendment rights when it allowed evidence of his refusal to submit to a warrantless blood draw and then instructed the jury that it was permitted but not required to draw an inference from that evidence. In addition, he argued this evidence should not have been admitted because it was not relevant and was unduly prejudicial. Based on its decision in Vermont v. Rajda, 2018 VT 72, the Vermont Supreme Court rejected defendant’s constitutional argument, and declined to address his unpreserved relevance and prejudice arguments. Accordingly, the Court affirmed.