Use of Warrants for Breath Test Refusal: Case Studies

Hedlund, James H.; Beirness, Douglas J. · 2007 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This report investigates the use of search warrants to obtain blood samples from drivers arrested for driving while impaired (DWI) who refuse to provide breath tests. The study was motivated by the high rate of breath test refusals—approximately 25% of DWI arrests between 1996 and 2001—and the resulting difficulty in securing convictions without blood alcohol concentration (BAC) evidence. Since BAC levels are critical for proving impairment and enforcing "extreme DWI" laws, the National Highway Traffic Safety Administration (NHTSA) sought to document how specific jurisdictions utilize warrants to compel blood draws, thereby increasing the availability of chemical evidence. The researchers conducted case studies in four states—Arizona, Michigan, Oregon, and Utah—selected because they extensively use warrants for test refusals. The methodology involved interviews with 12 to 20 stakeholders in each state, including law enforcement officers, prosecutors, defense attorneys, judges, and highway safety officials. Researchers also reviewed relevant legislation, police policies, warrant forms, and affidavits. For comparative purposes, telephone interviews were conducted with contacts in California and Nevada, states where warrants are not required to obtain blood samples from refusing drivers. The study focused on the legal basis for warrants, procedural workflows, and the perceived impacts on enforcement outcomes. The findings reveal significant variations in how warrants are authorized and executed. Arizona and Michigan authorize warrants via statute, Oregon through statutory interpretation, and Utah through case law. Procedurally, officers contact a judge or magistrate via fax or telephone to obtain a warrant after a driver refuses a breath test. A key distinction lies in who draws the blood: Michigan and Oregon rely on medical personnel, while Arizona and Utah utilize law enforcement officers trained as phlebotomists. This training allows Arizona and Utah officers to draw blood at police stations, eliminating the time and logistical burden of transporting suspects to medical facilities. Stakeholders across all four states reported that warrant systems reduced breath test refusals, increased the proportion of cases with BAC evidence, and led to more guilty pleas and convictions. The report concludes that warrant systems are effective tools for securing BAC evidence but present logistical challenges. The primary disadvantage is the additional time required—often 90 to 120 minutes—to obtain the warrant and collect the sample. The use of law enforcement phlebotomists mitigates this delay but raises concerns regarding medical safety and potential perceptions of police harassment, though no such incidents were reported in the study states. The authors emphasize that successful implementation requires strong support from judges and prosecutors, clear legal authorization, and well-defined procedures to ensure the safe and professional collection of blood samples.

Key finding

The use of search warrants for blood samples significantly reduced breath test refusal rates and increased the proportion of DWI cases with BAC evidence, resulting in more guilty pleas and convictions.

Methodology

other

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