Search Warrants
XI.
Reliable evidence of alcohol and/or other drug use while driving is a vital component for court sentencing in impaired driving cases. All states have “implied consent” laws, providing that as part of receiving a driver’s license, a driver has consented to providing a breath or urine sample when properly requested by law enforcement, and if the driver refuses, they may be subject to sanctions. These sanctions vary by state and include the suspension of their driver’s license and/or fine or jail sentence. In some states, testing refusal is admissible in court. (15) NHTSA research has found implied consent laws often have penalties inadequate to prevent impaired driving suspects from refusing to take a breath test, and suspects who avoid testing are often able to avoid being held accountable. In some states, refusal to submit to blood alcohol concentration (BAC) testing leads to an administrative license suspension or revocation, but no criminal charges. A 2008 NHTSA report, Refusal of Intoxication Testing: A Report to Congress, identified the use of search warrants as a promising strategy to reduce refusal rates. When a warrant is obtained to draw blood, the suspect is then subject to the state’s administrative sanctions for refusal, as well as criminal sanctions, if the results show they were driving while impaired. (18)
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Mothers Against Drunk Driving ®
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