National Highway Traffic Safety Administration (NHTSA) notes. Breath test refusals in DWI enforcement: an interim report.

Administration, in the interest of information exchange. The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its content or use thereof. If trade or manufacturers' names or products are mentioned, it is because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers. Breath test refusal rates nationwide have remained stable at about one-quarter of all drivers arrested for DWI from 1996 to 2001. States with statistically significant changes in refusal rates are split evenly between those with increases and those with decreases. In five case-study States, first-time offenders generally constitute the majority of those arrested for DWI and a majority of those refusing the breath test, even in those States where it is to their advantage to take the test. First-time offenders often do not understand the consequences of taking or refusing the test. In many States, repeat offenders refuse the test more frequently than first-time offenders. In all 5 case-study States, consequences of refusal are less for repeat offenders than the consequences of taking and failing the test. In Connecticut and Maryland, submitting to the breath test is usually beneficial for first-time offenders. The report discusses possible strategies States and jurisdictions can implement to decrease breath test refusals. indicate that fatalities continue to exceed the numbers seen in the mid-1990's. It appears that new initiatives are required to achieve additional reductions. New initiatives to achieve additional reductions in alcohol-related fatalities require an understanding of the problem and efforts to affect it so far. In two recent studies, researchers have identified States that achieved the largest reductions in alcohol-related fatalities from 1982 to 1996 (Ulmer, Hedlund, and Preusser, under review) and examined the reductions as a function of driver age, with a particular emphasis on youth (Hedlund, Ulmer and Preusser, 2000). It appears that stronger laws have been effective in reducing the number of people who choose to drink and drive, but some believe that these same laws have produced an unwanted consequence of higher breath test refusal rates in some States. Offenders receive implied consent penalties for refusal in most States, but refusals may help offenders avoid a DWI conviction, which …