States Act to Reduce Breathalyzer Refusals

Breath test refusals have long created complications for law enforcement, and have been advocated as a strategic means of beating a DUI charge in some states. Two states have recently acted to address that problem in very different ways: Rhode Island, where the refusal rate had climbed to 85%, has enacted increased penalties for breathalyzer refusal. At the same time, South Carolina is piloting a program to reduce the benefits of breath test refusal by making a request for a warrant for blood testing the next step in a refusal case.