NCJ Number
89845
Journal
Trial Volume: 19 Issue: 6 Dated: (June 1983) Pages: 60-66,102
Date Published
1983
Length
8 pages
Annotation
The overall objectives for a policy of dealing with driving under the influence (DUI) are to strengthen the prosecution's case by ensuring that the charges are substantial and initiated by trained professionals while minimizing the chances that an innocent person will be found guilty of DUI.
Abstract
DUI convictions can be increased by providing better police training for DUI arrests. This should include instruction in the proper administration of field sobriety tests and the filling out of report forms so it is clear why the officer concluded that the accused was DUI. Comprehensive training programs should also be initiated for breath-testing operators, who should be able to explain to jurors the theoretical bases upon which the machine operates. To ensure that innocent persons are not convicted of DUI, courts should require strict compliance with the manufacturer's maintenance requirements of monthly inspections and calibrations for the breathalyzer. Further, statutes that presume guilt should be revised, and statutes should require the collection of a breath sample in indium or similar containers at the time of the arrest. Two breath tests, 30 minutes apart, should be taken to determine whether the blood alcohol level is on the rise or on the decline. Also, legislatures should consider driving-above-a-set-blood-alcohol-limit statutes, which would specify a lesser offense than DUI. Mandatory minimum jail sentences should be specified for each DUI offense, including the first DUI offense, with no authority for suspension.