NCJ Number
102522
Date Published
1986
Length
67 pages
Annotation
This paper explains elements of California laws pertaining to driving while intoxicated (DWI) and the application of these laws in case processing.
Abstract
Following an explanation of elements of DWI offenses, presumptions of intoxication (blood-alcohol levels) are reviewed, as is the constitutionality of various aspects of DWI legislation. Defenses to DWI include duress, imminent peril, the unreliability of consumption testing, nonintoxication absent a test result, and contributory negligence. After a review of arrest, search, and seizure issues in DWI cases, the paper considers the concept of implied consent in testing for alcohol consumption. Issues related to consumption testing include the administration of tests, the arrestee's right to obtain a timely chemical test upon request, and the forceful taking of a blood sample. Other issues in case processing include the impact of prior or separate convictions; the foundation necessary for admitting a test result into evidence; evidence suppression; sentencing; and DWI offenses causing bodily injury, vehicular manslaughter, and vehicular second degree murder. Evidentiary issues are also considered. Appended supplementary information and 62-item bibliography.