State Map

The refusal of impaired driving suspects to submit to chemical tests is an obstacle in DUI investigations that law enforcement and prosecutors frequently encounter, particularly with individuals who have prior convictions.  By refusing to submit to a chemical test, suspects deprive law enforcement of some of the strongest evidence of alcohol impairment. To deter refusal, law enforcement agencies have devised strategies like the No Refusal program. First implemented in Texas in 2005, the model involves a coordinated effort among law enforcement, judges/magistrates, prosecutors, and medical personnel that facilitates expedited processing of DUI cases. The No Refusal process is simple – once an officer determines that there is probable cause for a DUI arrest and the suspect refuses to submit to a breath test, the prosecutor assigned to the effort will review the case and make a warrant application to an on-call judge. If the judge grants the warrant (typically over the phone or via other electronic means), a blood sample can be quickly collected by qualified medical personnel who are on-site. In counties that have mobile DUI processing vehicles, the entire process can be handled from start to finish at a checkpoint location. This collaborative and efficient approach ensures that blood draws are performed without delay and assists in building a strong impaired driving case. By publicizing these efforts, general deterrence is created and refusal rates decrease.

The above map identifies states that have utilized the No Refusal approach and additional jurisdictions that have the necessary authority to implement similar initiatives.

To learn more about the No Refusal program as well as the broader issue of BAC test refusal, please refer our policy positions.

Have an update? Please contact Darrin Grondel at [email protected]