The Supreme Judicial Court ruled unanimously that the chemical breath test is not a “critical part” of the criminal investigation of a suspected drunk driver and, as such, does not trigger the protections against self-incrimination enshrined in the state and federal constitutions.
The court left intact the legal precedent in effect since a 1989 SJC ruling known as Commonwealth v. Brazelton. In that ruling, the SJC said asking a driver to take a chemical breath test did not trigger self-incrimination concerns, and police did not have to provide Miranda warnings.