Citation

Simon S. Transp. Res. Circular 2000; (E-C020): G1-G20.

Copyright

(Copyright © 2000, U.S. National Academy of Sciences Transportation Research Board)

DOI

unavailable

PMID

unavailable

Abstract

Evidence of alcohol or drug impairment is an essential element of a criminal prosecution for driving while impaired (DWI) by alcohol or drugs. Such evidence, or the refusal to provide such evidence, also is essential in the administrative license sanction area. Evidence of impairment includes: (1) Chemical testing for alcohol or drugs (obtaining and analyzing blood, breath, or urine samples); (2) Observations of the driver including (a) physical condition, appearance, and behavior and (b) physiological and behavioral tests indicating possible impairment; and (3) Statements by the driver admitting alcohol and or drug consumption and impairment. Chemical testing for the presence and amount of alcohol or drugs in a driver's body is the most important type of evidence of impairment. However, when a driver refuses to provide such evidence, the prosecution of an individual for DWI is often limited to the other types of impairment evidence listed above. This paper discusses post-arrest impediments to obtaining evidence of impairment of a driver arrested for DWI, the dynamics and incidence of chemical test refusal, procedures for reducing the refusal rate or reducing the effectiveness of refusal in preventing a conviction for DWI, and the problems and possible solutions to the issue of obtaining chemical tests for impairment from injured drivers receiving treatment at emergency medical facilities after involvement in motor vehicle crashes.