Delaware Counties Fighting Breathalyzer Test Refusals
Recently, we reported that several South Carolina counties were piloting a program that would eliminate the value of refusing a breathalyzer test by obtaining a warrant for a blood sample in refusal cases. The program is intended to reduce the effectiveness of strategic breathalyzer refusal to avoid a DUI conviction.
Delaware law provides for such warrants, but for years officers have been unable to make effective use of the process because they lacked resources to get blood drawn. A new program already underway in some counties and just being introduced in others provides on-call phlebotomists.