Some drivers decline the test due to confusion from police statements which appear to contradict the form. Drivers also decline to take the breath test because, by the time they are asked to take the test, they have already been put through a battery of roadside sobriety tests. Instead, the tests are routinely administered on surfaces that are graded, gravel laden, wet, poorly lit and close to on-coming traffic. H. Anyone subjected to such tests would have good reason to be skeptical about the reliability of a breath test being administered by the same police agency that administered the roadside tests. The primary effect of such a change would initially be on repeat offenders.
Repeat offenders face enhanced penalties for drunk driving offenses.
Over time, drivers who previously would have faced convictions on the lower charge will accumulate convictions at the higher charge. Convictions at the higher charge carry harsher court and MVA penalties. However, in the short run, I would not expect any significant change in curtailing drunk driving by first time offenders. Their behavior is generally the result of inattentiveness to the effect that social drinking is having on them, self medication, or alcohol abuse. Their behavior is not intentional in the sense that they consider the pros and cons of drinking and driving before deciding whether to drive.