DUI cases have become some of the most complex in the criminal justice system. As a result, defence challenges are being raised more frequently and are more procedural and scientific in nature. These challenges range from the initial law enforcement stop of the vehicle to the testing procedures used to determine alcohol concentration in blood, breath, and urine samples to possible alternative explanations for those results. This monograph was developed to assist prosecutors and law enforcement in understanding the nature of these challenges. It will assist prosecutors in formulating effective responses to these newer challenges and defences and include drugged driving, alternative explanations to breath test results, blood draws and testing, scientific uncertainty, and computer source code discovery requests. The National Traffic Law Center previously published Overcoming Impaired Driving Defences, thanks to a contribution from a charitable foundation, discussing such defence challenges as invalid traffic stops, arrests and Miranda issues, as well as common trial tactics of attacking the investigation, such as driving observations, personal contact, field sobriety tests and breath testing. That monograph may be downloaded from the National District Attorneys Association Web site at http://www.ndaa.org. The terms DUI (driving under the influence), DWI (driving while intoxicated or impaired) and OUI (operating under the influence) are considered interchangeable for the purposes of this publication. discussed. (Author/publisher)
Samenvatting