State Laws Regarding Forced or Mandatory Testing

"Ten States have laws that either prohibit or do not address the issue of forcing a test when a driver refuses to submit to a test. Eleven States allow for a mandatory or a forceful submission to a test via a court order or search warrant. The remaining States and the District of Columbia specify circumstances under which a test becomes mandatory. For example, a test can be forced in 33 States if a driver is involved in a collision that resulted in a serious injury or a fatality. Some of the States permitting forced tests for serious injury and fatal crashes require evidence of probable cause/reasonable grounds that alcohol or another substance was involved or that a driver had a prior impaired driving offense."


Zwicker, T.J.; Hedlund, J. and Northrup, V.S., "Breath Test Refusals in DWI Enforcement: An Interim Report," Preusser Research Group, Inc. (Trumbull, CT: National Highway Traffic Safety Administration, August 2005), p. 3.