State v. Severino

Following his arrest, the defendant was taken to the police station where he was advised contemporaneously of his Miranda rights and of the requirements and the sanctions of the implied consent law. He thereafter refused to answer any questions or to take any test to determine the amount of alcohol present in his body, until he had been afforded an opportunity to talk to his lawyer. At no time was he explicitly informed that the Miranda rights had no application to the implied consent proceedings. The defendant was allowed to call his attorney about an hour after he arrived at the station house. But the police, deeming his earlier refusals sufficient for the invocation of the sanctions of the statute, made no further demands upon him to submit to examination.