NCJ Number
48606
Date Published
1978
Length
9 pages
Annotation
LAWS DEALING WITH DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, THE NEED FOR SUCH LAWS, AND THE PROCEDURES USED TO ENFORCE THEM ARE DISCUSSED, WITH PARTICULAR REFERENCE TO CALIFORNIA.
Abstract
MISDEMEANOR DRUNK DRIVING (DRIVING UNDER THE INFLUENCE OF ALCOHOL WITHOUT HAVING INJURED ANYONE ELSE) AND FELONY DRUNK DRIVING (INJURING SOMEONE WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL) ARE DISCUSSED IN TERMS OF SPECIFIC ENFORCEMENT PROCEDURES AND SANCTIONS FOR GUILTY OFFENDERS. NOTING THAT THE LAW REQUIRES ANY PERSON WHO USES THE HIGHWAY TO SUBMIT TO THE LEGALLY ESTABLISHED MEANS OF MEASURING ALCOHOL IN THE BODY, THREE OPERATIONAL TESTS ARE DESCRIBED: THE BREATHALYZER, WHICH MEASURES THE ALCOHOL CONTENT OF THE LUNGS; THE BLOOD TEST, WHICH MEASURES THE ALCOHOL CONTENT IN THE BLOOD; AND URINALYSIS, WHICH MEASURES THE PERCENTAGE OF ALCOHOL IN THE URINE. IN CALIFORNIA, IF A PERSON DRIVES WITH A BLOOD ALCOHOL LEVEL OF .10 OR MORE, THE LAW CONSIDERS THIS TO BE 'DRIVING WHILE INTOXICATED.' IT IS NOTED THAT THERE IS SUCH A HIGH VOLUME OF MISDEMEANOR DRUNK DRIVING CASES THAT A JURY TRIAL FOR EACH ONE WOULD UNBEARABLY CLOG THE JUDICIAL SYSTEM, EVEN THOUGH THIS IS A DEFENDANT'S RIGHT. PLEA BARGAINING BETWEEN THE PROSECUTING ATTORNEY AND DEFENSE COUNSEL IS THE PREVALENT PROCEDURE. BECAUSE OF THE SERIOUSNESS OF THE CHARGE, HOWEVER, THE CALIFORNIA LAW STATES THAT A GUILTY PLEA MUST BE A KNOWING, INTELLIGENT WAIVER OF THE RIGHT TO TRIAL, AND THE DEFENDANT MUST UNDERSTAND FULLY THE CONSEQUENCES RESULTING FROM GUILT. THE LAWS GOVERNING ALCOHOL ABUSE IN CALIFORNIA ARE PRESENTED. (RCB)