Breath Test Refusal in DWI Enforcement: An Interim Report

Zwicker, T. J.; Hedlund, J.; Northrup, V. S. · 2005 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This interim report, commissioned by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Preusser Research Group, addresses the persistent issue of breath test refusals in Driving While Intoxicated (DWI) enforcement. The study was motivated by the stagnation in alcohol-related fatality reductions after a significant decline between 1982 and 1998. Researchers sought to determine if stronger DWI laws had inadvertently increased refusal rates, as offenders might refuse testing to avoid criminal convictions, even if they face administrative penalties. The primary objectives were to document the extent of the refusal problem, investigate the underlying reasons for refusals, and identify potential countermeasures. The methodology involved a comprehensive review of administrative sanctions and criminal penalties for breath test refusal across all U.S. states, the District of Columbia, and Puerto Rico. Researchers collected refusal data from 1996 to 2001, contacting state authorities to obtain records of tests requested and refused. To understand the drivers of refusal behavior, the study conducted detailed case studies in five states with above-average refusal rates: Connecticut, Maryland, Florida, Louisiana, and Oklahoma. These case studies included interviews with prosecutors, judges, defense attorneys, and law enforcement officials to evaluate arrest processes, legal consequences, and barriers to compliance. The findings indicate that nationwide breath test refusal rates remained stable at approximately 25% of all DWI arrests from 1996 to 2001. State laws varied significantly; while most states imposed administrative license suspensions for refusal, only eight criminalized the act. In the case study states, the decision to refuse was often driven by a rational calculation of penalties. In Connecticut and Maryland, first-time offenders—who constituted the majority of refusers—often refused because they lacked understanding of the consequences, despite the fact that taking the test typically resulted in less severe administrative penalties. In contrast, in Florida, Louisiana, and Oklahoma, refusal was strategically advantageous. In these states, the administrative and criminal penalties for refusing were less severe than those for failing the test, or refusal made it significantly harder for prosecutors to secure a DWI conviction. For instance, in Louisiana, refusal allowed offenders to avoid enhanced sanctions associated with high Blood Alcohol Concentration (BAC) levels. The report concludes that reducing refusal rates requires tailored strategies based on state-specific legal frameworks. In states like Connecticut and Maryland, improving suspect notification regarding the comparative benefits of taking the test could reduce refusals. In states like Louisiana, encouraging officers to obtain warrants for blood draws when suspects refuse could eliminate the refusal option. However, in Florida and Oklahoma, where the legal structure inherently favors refusal, the report suggests that substantial reductions are unlikely without legislative changes to align penalties for refusal with those for failing the test. The study highlights the complex interplay between administrative and criminal penalties in shaping offender behavior.

Key finding

First-time offenders in Connecticut and Maryland frequently refused breath tests due to a lack of understanding that submitting to the test resulted in less severe administrative penalties than refusing, while in Florida and Oklahoma, refusal was incentivized because administrative and criminal penalties for refusal were less severe than those for failing the test.

Methodology

mixed_methods

Provenance

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Topics

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• dui enforcement