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Several states are pushing laws that would increase the penalties for refusing to submit to chemical testing when pulled over for a suspected DUI. According to the National Highway Traffic and Safety Administration, approximately 25 percent of all Americans pulled over for suspected drunk driving refuse DUI breath tests.

In most states, the current penalty for refusing to comply with DUI breath tests is a six-month license suspension . Many lawmakers say this punishment allows DUI offenders to get off on lighter penalties than their offenses command. “We are seeing cases where people are being stopped 10, 15, 20, 30 times. Every single case they are refusing the DUI breath test, paying their lawyer a few bucks,” says Massachusetts legislator Todd Smola.

Criminal defense lawyers, motorist groups, and even some lawmakers oppose these harsher sanctions for refusing DUI breath tests.

Many proposed DUI breath test laws are unfair and won't fulfill their intended goals , say critics. For example, in Illinois, a proposed law seeks to extend the license suspension period from six months to one year. Most DUI cases are handled within six months. This new law would penalize convicted and acquitted offenders alike, which would be unjust.

In 2005, fifteen states proposed harsher DUI breath test laws.

According to experts, there are several reasons motorists refuse DUI breath tests . Some people have had a few drinks and are afraid of the consequences of submitting to DUI breath tests. Some people have heard stories about the inaccuracy of testing and about how the test can mistake medical symptoms for signs of intoxication. Still others have had a previous DUI conviction and worry for the consequences of another arrest.

Some prosecutors say that people who have had previous DUI arrests or stops are more likely to refuse DUI breath tests. Many people argue that it is unfair to force someone who has had a previous conviction to submit to a potentially inaccurate chemical test .

States with the lowest DUI breath test refusal rates tend to have the harshest punishments. For example in California and Nebraska refusal to submit to chemical testing could land you in jail. Your vehicle registration would be revoked in Hawaii and Maine .

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