Breath Test Refusal in DWI Enforcement: An Interim Report

Zwicker, T. J.; Hedlund, J.; Northrup, V. S.; Preusser Research Group, Inc.

doi:10.21949/1525768

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Breath Test Refusal in DWI Enforcement: An Interim Report

2005-08-01
By Zwicker, T. J. ; Hedlund, J. ; Northrup, V. S.

[PDF-4.50 MB]

English

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Details:

Creators:

Zwicker, T. J. ; Hedlund, J. ; Northrup, V. S.

Zwicker, T. J. ; Hedlund, J. ; Northrup, V. S. Less -
Corporate Creators:

Preusser Research Group, Inc.
Corporate Contributors:

National Highway Traffic Safety Administration
Subject/TRT Terms:

[+]

Alcohol Breath Tests Data And Information Technology Drunk Drivers Drunk Driving Highways I83: Accidents And The Human Factor Interviewing Law Law Enforcement Safety And Human Factors Security And Emergencies Statistical Analysis
Publication/ Report Number:

DOT HS 809 876
DOI:

https://doi.org/10.21949/1525768
Resource Type:

Other
Geographical Coverage:

United States
Edition:

Interim Report October 2002 – April 2004
Corporate Publisher:

United States. National Highway Traffic Safety Administration
Abstract:

With new, stronger driving while intoxicated (DWI) laws being enacted across the country and the threat of more severe sanctions, there has been a perception that the rate of breath test refusals has increased as suspected drunk drivers seek to avoid tougher criminal convictions. An interim report on the issue of breath test refusals documents breath test refusal laws and rates across the United States and whether those rates have increased. The report also discusses possible reasons why some states have high refusal rates. Findings show that in 2001, about one-quarter of all drivers arrested for DWI in the United States refused breath tests. The rate across states varied dramatically, from 5.3% in California to 84.9% in Rhode Island. The 2001 rates were compared to data from a previous National Highway Traffic Safety Administration study that used 1987 breath test refusal data. In general, the distribution of rates across states was similar, but with slightly higher refusal rates and mores states at the high end of the distribution in the current study. In the second phase of the study, researchers examined the laws, policies, procedures and sanctions of 5 states with high refusal rates. Interviews were conducted with prosecutors, judges, defense attorneys, law enforcement officers, and administrative unit officers in each of these states. Based on the findings, it is suggested that states review their processes for notifying suspects of both the administrative and criminal consequences of refusing to provide breath samples. Several states allow officers to obtain a warrant to draw blood for a chemical test if a breath test is refused. This practice could be expanded to other communities and may decrease the number of refusals.
Format:

PDF
Collection(s):

NHTSA - Behavioral Safety Research
Main Document Checksum:

[+]

urn:sha256:bea3fec2117c4d642a54df1d97d17e6efa4b0635aca547d9fc0c5aebf90bc8d5
Download URL:

https://rosap.ntl.bts.gov/view/dot/40254/dot_40254_DS1.pdf
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Breath Test Refusal in DWI Enforcement: An Interim Report

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