CAUSES AND CONSEQUENCES OF IMPLIED CONSENT TEST REFUSAL

Modern drunk driving laws strongly depend on blood alcohol content (BAC) evidence obtained from breath tests, but nearly one in five persons requested by police to take a breath test refuses. This study conducted in Minnesota examines the causes and consequences of such refusal. The causes seem to lie in confusion and incompetence of the impaired driver, rational calculation of the costs and benefits of refusal, and general or situational hostility of the suspect. Consequences of refusal include a lower likelihood of conviction, especially of an alcohol-related offense. Minnesota's law criminalizing certain refusals has resulted in a slightly lower refusal rate and an increase in the rate of conviction for an alcohol-related offense.