NCJ Number
117367
Date Published
1989
Length
10 pages
Annotation
This article on defense counsel's preparation for defending a person arrested for drunk driving pertains to pretrial discovery, the preparation of pretrial motions, the subpoenaing of witnesses for the motion hearing, trial strategy, and sentencing.
Abstract
Guidance for pretrial defense efforts focuses on whether the client should consent to a blood alcohol test, securing the client's release from jail, and soliciting relevant information from the client. One of the most important aspects of pretrial discovery is a review of the police reports. The article suggests information that should be obtained from these reports. Pretrial motions that should be considered in drunk-driving cases are listed. They include a motion to suppress evidence seized without probable cause, a motion to suppress statements on the ground they were taken without Miranda warnings, and a motion to suppress the results of the blood alcohol test on the ground that the police did not preserve the sample for independent analysis or inform the client of the right to a second test. Trial strategy should focus on the blood alcohol test administered to the client, the chain of custody, and the field sobriety test. If the client pleads guilty or is convicted, efforts to mitigate sentence severity should emphasize treatment, work release, and weekend incarceration.