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N AT I O N A L H I G H WAY TRAFFIC S AFET Y A D M I N I S T R AT I O N Use of Warrants to Reduce Breath Test Refusals Experiences From North Carolina This publication is distributed by the U*S* Department of Transportation National Highway Traffic Safety Administration in the interest of information exchange. The opinions findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Department of Transportation or the National Highway...

The information in this publication is based on a survey of North Carolina law enforcement agencies conducted by the North Carolina Department of Defense/National Institute of Justice, Department of Justice, using its Highway Safety Research Center Program for Law Enforcement Decision Making. This study includes responses from the police departments of the following states, cities, counties, and rural counties in the General Assembly: Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, North Dakota, Ohio, South Carolina, Tennessee, Texas, Virginia, Wisconsin, Washington, and West Virginia. For each of the following five states, the law enforcement agencies responded to the same law enforcement priorities on breath testing, and for each of these states, a random sample of law enforcement agencies responded to the same breath test priorities. For a list of other states including California, please see the Supplementary Appendix. Law Enforcement Decision Making Program (LED) The North Carolina LED has been developed in the wake of the enactment of the Vehicle Code in 1990. The LED provides an environment for law enforcement decision makers in a statewide framework to make law enforcement decisions in breath testing related decisions in accordance with the Vehicle Code, State and Local Public Health Code, and North Carolina State law. To be effective the LED needs to: 1. Establish a consistent foundation for law enforcement decision making in this area of law enforcement (including breath testing); 2. Provide for a common framework for law enforcement decision making in this area of law enforcement and to assist decision makers in identifying priorities in an area of law enforcement in which they are involved; and. 3. Facilitate decision making and improve inter-agency coordination by facilitating communication in law enforcement decision makers and providing opportunities for them to discuss issues related to breath testing with law enforcement decision makers across agencies. The LED is intended to: 1. Implement policies to address breath-testing issues and ensure that breath testing issues are properly communicated to law enforcement decision makers; 2. Support efforts and services provided by agencies, groups, and individuals to address breath testing issues; and 3. Establish and maintain an environment for law enforcement decision makers to consider breath testing issues.

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