Use of Warrants for Breath Test Refusal: Case Studies

摘要

This study investigated the use of warrants to obtain blood samples from drivers arrested for alcohol-impaired driving and who refuse to provide breath samples when requested to do so by law enforcement officers. Case studies were conducted in four States: Arizona, Michigan, Oregon, and Utah. Meetings and discussions with law enforcement officers, prosecutors, defense attorneys, judges, and officials in the Department of Public Safety or the Governors Highway Safety Office provided a thorough picture of each States experience with warrants, documented in a separate chapter for each State. Telephone interviews were conducted with key contacts in California and Nevada, two States in which warrants are not required to obtain blood samples from drivers who have refused requests for breath samples. The final chapter summarizes and synthesizes the information and conclusions from all case study States.