Breath Test Refusals

Berning, Amy; Beirness, Douglas J.; Hedlund, James H.; Jones, R. K. (Ralph K.) · 2007 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This NHTSA Research Note addresses the significant variability in breath test refusal rates among drivers arrested for driving while impaired (DWI) in the United States. With nearly 1.4 million DWI arrests in 2005, the absence of blood alcohol concentration (BAC) evidence due to refusals complicates criminal prosecutions. The paper aims to overview the DWI arrest process, present national data on refusal rates, and evaluate the efficacy of using search warrants to obtain blood samples from refusing drivers as a strategy to secure this critical evidence. The study utilizes data collected by the Mid-America Research Institute from 37 states, the District of Columbia, and Puerto Rico regarding 2005 refusal rates, comparing these figures to historical data from 1987 and 2001. Additionally, the Preusser Research Group conducted case studies in Arizona, Michigan, Oregon, and Utah, and gathered information from California and Nevada. These case studies involved interviews with approximately 15 stakeholders per state, including law enforcement, prosecutors, judges, and defense attorneys, to assess policies, procedures, and perceptions regarding warrant-based blood draws. The analysis reveals that state refusal rates in 2005 varied dramatically, ranging from 2.4% in Delaware to 81% in New Hampshire, with a national average of 22.4%. Comparisons with 1987 and 2001 data indicate that national refusal rates have remained relatively stable over nearly two decades. The case studies highlight that jurisdictions using warrants to compel blood draws from refusing drivers generally experience lower refusal rates and higher rates of BAC evidence collection. For instance, Phoenix, Arizona, saw refusal rates drop from 30–40% to approximately 5% after implementing a widespread warrant program. The study details procedural differences, such as Arizona and Utah training officers as phlebotomists to reduce costs and time, while Michigan and Oregon rely on medical personnel. Legal challenges to these warrant processes have largely been unsuccessful, and stakeholders in the studied jurisdictions expressed strong support for the practice. The paper concludes that obtaining warrants for blood draws is a promising strategy for states seeking to reduce breath test refusals and secure BAC evidence, which is vital for prosecuting high-BAC offenses and cases involving serious injury or fatality. While the warrant process introduces additional time and costs—such as training, blood kits, and laboratory fees—these disadvantages are outweighed by the benefits of obtaining conclusive evidence. The authors note that training law enforcement officers to draw blood can mitigate time delays and costs, and they recommend further research into the impact of refusals on prosecution outcomes.

Key finding

The use of search warrants to obtain blood samples from drivers who refuse breath tests is a promising strategy that significantly reduces refusal rates and secures critical BAC evidence for prosecution.

Methodology

mixed_methods

Provenance

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Summary generated by qwen3.6-27b-prismaquant on 2026-06-10; verification: verified.

Topics

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• dui enforcement