NCJ Number
98196
Date Published
1984
Length
174 pages
Annotation
This supplement updates a previous volume that surveys case law and scientific studies that can be used in defending a person charged with drunk driving.
Abstract
Federal and State legislation imposing tougher drunk driving laws and stiffer penalties is surveyed. The supplement then focuses on pretrial issues, including right to a jury trial, the use of expert witnesses, chemical tests, and road blocks. Examples of discovery pleadings and a sample memo in support of a motion to suppress chemical evidence are provided. The trial section initially addresses voir dire and then discusses field and chemical evidence. It includes summaries of research studies which question the accuracy of blood-alchohol level tests as a measure of intoxication, new State laws in which the offense is having a designated amount of alcohol in the blood, refusal to take a blood-alcohol level test, testing methods, and the effects of radio frequency interference on Breathalyzer instruments. An illustrative trial examination is supplied. The final section on posttrial considerations examines the effects of different sentencing options and the sweat patch test for measuring alcohol consumption over a 3-day period. A sample pleading for seeking administrative review of a license revocation is appended. Cases, government reports, and articles are cited in each section. The supplement also indicates where each subsection should be inserted in the original volume. Approximately 50 references and an index are supplied. For related document, see NCJ 96685.