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Barker v. Commonwealth9/29/2000
ces of failure to abide by the implied consent rule does not rise to the level of a fundamental or constitutional right, but merely informs the suspect of the repercussion that flows from the refusal. See Wirth, 936 S.W.2d at 82, wherein the court held that " more reasonable interpretation of the language used is that one who refuses will not be physically forced to submit to a chemical test. It does not mean that such person has a lawful right to refuse such testing." The statute addresses strictly the notion of implied consent and the penalty for noncompliance therewith. In this regard, we believe, the statute provides the minimal guidance necessary to avoid arbitrary or discriminatory enforcement.
In short, we reject Barker's constitutional challenge to the statute, and the judgment of the Clark Circuit Court is affirmed.
ALL CONCUR.
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