Refusal of Intoxication Testing: A Report to Congress

Berning, Amy; Compton, Richard; Vegega, Maria; Beirness, Douglas J.; Hedlund, James H.; Jones, Ralph K.; Nichols, James L. · 2008 · ROSA P / United States. National Highway Traffic Safety Administration. Office of Behavioral Safety Research

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Summary

This report, commissioned by Congress under the SAFETEA-LU Act, addresses the frequency of blood alcohol concentration (BAC) test refusals among drivers arrested for driving while intoxicated (DWI) and the impact of these refusals on prosecution and adjudication. The study was motivated by the significant consequences of impaired driving, including fatalities and injuries, and the legal complexities arising from "implied consent" laws, which allow drivers to refuse testing in exchange for administrative license suspension, often resulting in missing BAC data that hinders criminal prosecution. The National Highway Traffic Safety Administration (NHTSA) conducted a comprehensive review of state laws, arrest processes, and refusal rates. Data on breath test refusal rates were collected from 37 states, the District of Columbia, and Puerto Rico for the year 2005, and compared to historical data from 1987 and 2001. To assess the impact of refusals on legal outcomes, NHTSA analyzed matched arrest and court records from three specific jurisdictions: Ramsey County, Minnesota; Bernalillo County, New Mexico; and Omaha, Nebraska. Additionally, the report evaluated a strategy to reduce refusals through case studies of six states (Arizona, Michigan, Oregon, Utah, California, and Nevada) that utilize search warrants to compel blood draws from refusing drivers. The findings reveal substantial variability in refusal rates, ranging from 2.4% in Delaware to 81% in New Hampshire, with a national average of 22.4% in 2005. Historically, refusal rates have remained relatively stable, with the 2005 average being only 3 percentage points lower than in 2001 and 3 points higher than in 1987. Analysis of the three jurisdictions indicated that refusal does not necessarily lower conviction rates. In jurisdictions where refusal is a separate criminal offense (Minnesota and Nebraska), conviction rates for refusers were high, and refusers tended to receive longer jail sentences and higher fines than those who complied. In New Mexico, where refusal is an administrative matter, conviction rates for DWI were similar for refusers and compliers, though refusers still faced harsher sanctions. The report identifies the use of search warrants for blood draws as a promising strategy to decrease refusals. In Arizona, for example, widespread warrant use correlated with a drop in refusal rates from 30–40% to approximately 5%. The report concludes that BAC test refusals significantly impede the ability to prosecute impaired driving under "illegal per se" statutes and contribute to missing data in crash investigations. It recommends implementing strategies such as search warrants for blood draws to ensure BAC evidence is obtained. The findings suggest that when refusal is treated as a serious criminal offense or when warrants are routinely used, offenders are less likely to refuse testing, thereby improving prosecution outcomes and enhancing traffic safety enforcement.

Key finding

Refusal of breath testing does not necessarily lead to lower conviction rates, and in jurisdictions where refusal is a separate criminal offense, refusers often receive longer jail sentences and higher fines than those who comply.

Methodology

dataset

Provenance

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Topics

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• dui enforcement
• drowsy as impairment
• alcohol