Breath Test Refusals

The National Highway Traffic Safety Administration has found that the percentage of people who refuse to provide breath samples when arrested for Driving While Intoxicated (DWI) varies considerably across States, and this creates a concern in the criminal prosecution of DWI cases. This Research Note provides an overview of the DWI arrest process including blood alcohol concentration (BAC) testing, presents data on breath test refusal rates, and discusses one approach - the use of warrants and blood draws - that several States have implemented in an effort to reduce their refusal rates.