Use of Warrants for Breath Test Refusal: Case Studies (Report)

Use of Warrants for Breath Test Refusal: Case Studies (Report)


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Implications for Highway Safety Program Planning;
In 2005 NHTSA released a study which examined States' breath test refusal rates. Overall, the rates varied dramatically among States, from 5% to 85%.  (An upcoming Research Note updates this data.) The study included interviews in five States to learn about the refusal issue and identify potential solutions for high rates. One strategy that emerged is the use of warrants to obtain blood samples from drivers who refuse to provide breath samples.

This current study, conducted by Preusser Research Group (PRG), documents the use of the search warrant and blood draw approach in four States: Arizona, Michigan, Oregon, and Utah.  PRG conducted interviews with about 15 people, including officers, prosecutors, defense attorneys, and judges in each of the States. These individuals provided information on policies and procedures, as well as opinions on the warrant process.