摘要: |
A person arrested for impaired driving is routinely asked to provide a breath sample for the purpose of determining blood alcohol concentration (BAC). Arrested drivers have the right to refuse this request, in which case they are subject to the implied consent provisions of their State law. Typically, these provisions call for extended license withdrawal. Nationally, many drivers do refuse, believing that they are more likely to avoid conviction if the police do not have chemical test information indicating the amount of alcohol in their blood. The possibility of avoiding conviction can be of greater value than becoming subject to implied consent. Several States and jurisdictions are addressing this problem by following the request for a breath sample with the demand for a blood sample in a case where breath is refused. While different States have different legalmechanisms by which police officers can secure blood samples, one common approach is to obtain a search warrant authorized by a judge or a magistrate. Drivers may be less likely to refuse breath tests if they understand their right to refusal does not terminate the ability of law enforcement to obtain BAC evidence, and they will be subject both to implied consent sanctions and to a blood draw which will produce the BAC evidence that they sought to avoid. |