Refusal of Intoxication Testing: A Report to Congress

This Report to Congress describes missing BAC information for both drivers arrested for impaired driving and drivers involved in fatal or serious injury crashes. Various laws governing impaired driving and the role of BAC test information under those laws are reviewed including an overview of the DWI arrest process. The results of several recent studies on the breath test refusals include breath test refusal rates in 2005 and a comparison to rates in 2001 and 1987; the effect of refusals on prosecution and adjudication of DWI cases; and a description of a promising strategy to decrease refusals via search warrants for blood draws. The report concludes with recommendations that would decrease BAC test refusals.