| Title | Breath Test Refusal in DWI Enforcement: An Interim Report |
|---|---|
| Record ID | 51666 |
| Personal Name Creator |
Zwicker, T. J.; Hedlund, J.; Northrup, V. S. |
| Corporate Creator | Preusser Research Group, Inc. |
| Corporate Contributor |
National Highway Traffic Safety Administration |
| Publisher | United States. National Highway Traffic Safety Administration |
| Publication Date | 20050800 |
| Language | English |
| 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. |
| Rosap ID | dot:40254 |
| Rosap URL | https://rosap.ntl.bts.gov/view/dot/40254 |
| TRT Terms | Alcohol breath tests; Drunk drivers; Drunk driving; Interviewing; Law enforcement; Statistical analysis |
| General Subjects | Data and Information Technology; Highways; Law; Safety and Human Factors; Security and Emergencies; I83: Accidents and the Human Factor |
| Geographical Coverage |
United States |
| TRIS Online Accession No |
01076427 |
| Report Number | DOT HS 809 876 |
| Availability | NHTSA - Behavioral Safety Research |
| Resource type | Other |
| URL | https://ntlrepository.blob.core.windows.net/lib/51000/51600/51666/809876.pdf |
| Format | |
| Database | NTL Digital Repository |