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CD/DVD |
Videotape |
Field Sobriety Testing
Statistical Evaluation of Standardized Field Sobriety Tests
Michael P. Hlastala, Ph.D.; Nayak L. Polissar, Ph.D.; and Steven Oberman, J.D.
Published 2005
This study analyzes the original data used to establish that standardized field sobriety tests (SFSTs) are 91% accurate in predicting Blood Alcohol Concentration at or above 0.08%. The statistical evaluation done in this study indicates that the accuracy of the SFSTs depends heavily on BAC level and is much less reliable than originally thought. The authors argue that current SFSTs are most useful for identifying subjects with a BAC substantially greater than 0.08% and that the SFSTs must be significantly modified in order to identify subjects with lower BACs reliably.
Affiliation:
Other
http://www.mphlastala.com/JFSSFST.pdf
Available online: click here
Drugs and Human Perfomance Fact Sheet
Fiona J. Couper, Fiona J. and Barry K. Logan
Published 2004
These fact sheets represent the work of a panel of experts who studied methods for identifying the impaired driver on the road, the assessment and documentation of the impairment they display, the availability of appropriate chemical tests, and the interpretation of the subsequent results.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/job185drugs/index.htm
Available online: click here
The Psychometrics and Science of Standardized Field Sobriety Tests, Part 1
Steven Rubenzer
Published 2003
This article critiques field studies of Standardized Field Sobriety Tests and argues that they suffer from significant defects that diminish their value as rigorous scientific studies. For example, the field studies validated the arrest decisions of the officers in the studies, not the SFSTs; the degree of supervision in the field studies was not typical of typical DWI stops; they did not compare the accuracy of arrest decisions for SFSTs performed under adverse climate conditions versus those that were not; and none of the studies have been published in peer-reviewed scientific journals.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3F8A042E622574185256E540074C15F?OpenDocument
Available online: click here
The Psychometrics and Science of the Standardized Field Sobriety Tests, Part 2
Steve Rubenzer
Published 2003
This article argues that SFSTs have significant limitations that must be understood by those who encounter them in the legal arena. The author argues that prosecutors and judges need to critically examine the SFST evidence offered in DUI cases so that innocent people are not wrongly convicted.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3C1B227CE08004D85256E540074C16E?OpenDocument
Available online: click here
Impaired Driving on Trial
Indiana Department of Toxicology
Published 2003
These video segments detail the pharmacology and toxicology of alcohol and drugs, depict three standardized field sobriety tests, demonstrate the administration of a breath alcohol test on an evidentiary machine, debunk some common evidentiary challenges to breath tests, and describe the differences between screening and confirmatory blood and urine drug tests.
Affiliation:
Government
http://nasjedui.unm.edu/video_pp/IndianaVideo.html
Available online: click here
DWI -- Modern Day Salem Witch Hunts
Mimi Coffey
Published 0
This article, published by the National Association of Criminal Defense Lawyers, takes issue with the scientific evidence used in DWI trials. The article discusses HGN and the standardized field sobriety tests.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/0ce16f3b9551615c85256f6a00558f3a?OpenDocument
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
Types of Field Sobriety Tests
Statistical Evaluation of Standardized Field Sobriety Tests
Michael P. Hlastala, Ph.D.; Nayak L. Polissar, Ph.D.; and Steven Oberman, J.D.
Published 2005
This study analyzes the original data used to establish that standardized field sobriety tests (SFSTs) are 91% accurate in predicting Blood Alcohol Concentration at or above 0.08%. The statistical evaluation done in this study indicates that the accuracy of the SFSTs depends heavily on BAC level and is much less reliable than originally thought. The authors argue that current SFSTs are most useful for identifying subjects with a BAC substantially greater than 0.08% and that the SFSTs must be significantly modified in order to identify subjects with lower BACs reliably.
Affiliation:
Other
http://www.mphlastala.com/JFSSFST.pdf
Available online: click here
Between the Lines
National Traffic Law Center
Published 2004
Between the Lines is the newsletter of the National Traffic Law Center. The link provided below will take you to a listing of all articles published in the newsletter since 1993. (All articles can be accessed from that page.) The articles focus on issues faced by prosecutors in traffic cases, with an emphasis on DUI cases.
Affiliation:
Prosecution
http://www.ndaa-apri.org/publications/newsletters/between_the_lines_contents.html
Available online: click here
Drugs and Human Perfomance Fact Sheet
Fiona J. Couper, Fiona J. and Barry K. Logan
Published 2004
These fact sheets represent the work of a panel of experts who studied methods for identifying the impaired driver on the road, the assessment and documentation of the impairment they display, the availability of appropriate chemical tests, and the interpretation of the subsequent results.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/job185drugs/index.htm
Available online: click here
Admissibility of Horizontal Gaze Nystagmus Evidence: Targeting Hardcore Impaired Drivers
American Prosecutors Research Institute
Published 2003
This guide addresses horizontal gaze nystagmus admissibility with articles from a variety of experts in the field. It covers the history and development of HGN, the foundational hurdles to its admissibility, the role of the optometrist, and prosecutorial strategies.
Affiliation:
Prosecution
http://www.ndaa-apri.org/publications/apri/traffic_law.html
Available online: click here
Horizontal Gaze Nystagmus: State Case Law Summary
American Prosecutors Research Institute
Published 2003
This state law summary and chart track the legal status of horizontal gaze nystagmus evidence in courts across the country. The summary provides legal citations and brief explanations of major state HGN cases while the chart categorizes state HGN law by major issues.
Affiliation:
Prosecution
http://www.ndaa-apri.org/pdf/hgn_state_case_law_summary.pdf
Available online: click here
Sourcebook - The National Agenda: A System to Fight Hardcore DWI
National Hardcore Drunk Driver Project
Published 2003
This Sourcebook, designed as a comprehensive resource for judges and others in reducing hardcore drunk driving, contains a section on "Swift Identification." It addresses focused enforcement strategies such a blanket patrols, sobriety checkpoints, special license plates, standardized field sobriety tests, preliminary breath tests, passive alcohol sensors, in-car videotaping and public information campaigns. It also covers test refusals, excessive paperwork, insufficient look-back periods, statewide DUI reporting systems, and sharing information across state lines.
Affiliation:
Other
http://www.dwidata.org/
Available online: click here
Overcoming Impaired Driving Defenses
Herbert R. Tanner, Jr.
Published 2003
This publication from the American Prosecutors Research Institute identifies the most common defenses used in DUI cases, provides specific strategies for overcoming these claims, and gives useful practice tips for prosecutors. According to this report, the most common defenses involve attacks on the initial stop and arrest; Miranda problems; challenges to the officer's investigation and observations of defendant's driving; improper administering of field sobriety tests; problems with breath testing instruments and results; and the officer's finding of impairment.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/overcoming_impaired_driving_defenses.pdf
Available online: click here
Admissibility of Horizontal Gaze Nystagmus Evidence
John Bobo, Marcelline Burns, Karl Citek and Stephen K. Talpins
Published 2003
This publication from the American Prosecutors Research Institute contains a collection of articles on horizontal gaze nystagmus (HGN) by medical and legal experts. The articles explain what HGN is, when it occurs, and why it is the most reliable field sobriety test for detecting alcohol impairment. The authors argue for increased use of HGN because it is the only field sobriety test that cannot be practiced or physically controlled by the test subject. The articles also address the foundational requirements for admitting HGN evidence at trial, focusing on how prosecutors can establish its scientific validity and reliability.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/admissibility%20of%20hgn_april_2003.pdf
Available online: click here
Handling Impaired Driving Cases
Commonwealth of Massachusetts, Judicial Institute
Published 2003
This program covered common aspects of impaired driving cases: anticipating defense issues, dispositions, jury issues, motions to supress and dismiss, technology and testing issues (standard field sobriety tests, breath alcohol tests, serum alcohol testing, and hospital records), and drug evaluation and classification. The program included panel discussions, participant presentations, small group work, and written materials. For more information, contact the Judicial Institute, Edward W. Brooke Courthouse, 24 New Chardon Street, Sixth Floor, Boston, MA 02114, (617)788-6775.
Affiliation:
Judicial
Video Program Catalog
Michigan Prosecuting Attorneys Coordinating Council
Published 2003
Section 8 of this catalog is a list of videos relevant to the prosecution of DUI cases. The catalog includes videos on the cross-examination of expert witnesses, drug recognition experts, enhancing your case by bringing exhibits to life, standard field sobriety testing, blood alcohol and pharmacology, Datamaster technology, DUI detection, and evidence gathering.
Affiliation:
Prosecution
http://www.michiganprosecutor.org/Downloads/Video_Catalog/videomanual.pdf
Available online: click here
The Psychometrics and Science of Standardized Field Sobriety Tests, Part 1
Steven Rubenzer
Published 2003
This article critiques field studies of Standardized Field Sobriety Tests and argues that they suffer from significant defects that diminish their value as rigorous scientific studies. For example, the field studies validated the arrest decisions of the officers in the studies, not the SFSTs; the degree of supervision in the field studies was not typical of typical DWI stops; they did not compare the accuracy of arrest decisions for SFSTs performed under adverse climate conditions versus those that were not; and none of the studies have been published in peer-reviewed scientific journals.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3F8A042E622574185256E540074C15F?OpenDocument
Available online: click here
The Psychometrics and Science of the Standardized Field Sobriety Tests, Part 2
Steve Rubenzer
Published 2003
This article argues that SFSTs have significant limitations that must be understood by those who encounter them in the legal arena. The author argues that prosecutors and judges need to critically examine the SFST evidence offered in DUI cases so that innocent people are not wrongly convicted.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3C1B227CE08004D85256E540074C16E?OpenDocument
Available online: click here
Impaired Driving on Trial
Indiana Department of Toxicology
Published 2003
These video segments detail the pharmacology and toxicology of alcohol and drugs, depict three standardized field sobriety tests, demonstrate the administration of a breath alcohol test on an evidentiary machine, debunk some common evidentiary challenges to breath tests, and describe the differences between screening and confirmatory blood and urine drug tests.
Affiliation:
Government
http://nasjedui.unm.edu/video_pp/IndianaVideo.html
Available online: click here
Interactive DWI Trial
New Mexico Judicial Education Center
Published 2002
This simulated DWI trial, based on New Mexico law, addresses various issues that arise in a driving while impaired criminal case. Through a combination of videos and text, judges have an opportunity to make procedural and legal decisions in a situation similar to what they experience in their courtroom. In this virtual courtroom, the user plays the role of judge, including consulting the case file, listening to the testimony, ruling on objections, reaching judgment, and sentencing the defendant on the charges. At the end the user receives feedback on all of the decisions made during the trial.
Affiliation:
Judicial
http://jec.unm.edu/dwi/index.asp
Available online: click here
NHTSA Impaired Driving Information Resources
National Highway Traffic Safety Administration
Published 2002
This CD contains NHTSA research relating to Standardized Field Sobriety Tests, a peer review article on horizontal eye gaze nystagmus, a 2001 summary of state case law on horizontal eye gaze nystagmus, and three brief video vignettes of SFST tests for illustration purposes only. In total, the CD contains the complete text of 12 publications deaing with impaired driving and the SFST battery. They are listed in chronological order and each is fully indexed and fully text-searchable. Individuals and agencies with a high degree of interest and specialization in impaired driving, such as judges, prosecutors and law enforcement, may order by fax at (301) 386-2194 or through State Highway Safety Offices or NHTSA Regional Offices. For a review of this CD, published in the Summer 2003 newsletter of the National Association of State Judicial Educators, click on the online link below.
Affiliation:
Government
http://nasje.unm.edu/archives/summer03/resources-product.htm
Available online: click here
New Mexico DWI Benchbook: Criminal Proceedings Involving Driving Under the Influence of Alcohol or Drugs
New Mexico Judicial Education Center
Published 2002
This benchbook for general and limited jurisdiction judges provides information on all aspects of driving while impaired criminal proceedings in New Mexico. It covers elements of DWI offenses, initial stops and arrests, field sobriety and blood alcohol tests, implied consent issues, trial, sentencing, and related offenses. The appendices contain DWI case flow charts, penalty charts, charge descriptions for entering case documents into the court FACTS system, Scientific Laboratory Division fact sheets and regulations, and DWI statutes and uniform traffic ordinances.
Affiliation:
Judicial
http://jec.unm.edu/resources/benchbooks/dwi/index.htm
Available online: click here
Traffic Court Program
American Bar Association, Judicial Division
Published 2002
In this program for experienced judges, information was presented on breath testing instruments, the legal aspects of implied consent and chemical testing, recognizing and testing for alcohol impairment, and understanding addiction and treatment. For more information, contact the American Bar Association, Judicial Division, 541 N. Fairbanks Court, MS 13.2, Chicago, Il. 60611, (312) 988-5695.
Affiliation:
Judicial
DWI Field Sobriety Testing - Fact and Fiction: Walk and Turn Test
Peter H. Lederman and Gilbert Snowden
Published 2001
This article by two New Jersey attorneys describes the administration and use of the walk and turn test.
Affiliation:
Defense
http://www.nj-dwi.com/sobriety-4.htm
Available online: click here
DWI Field Sobriety Testing - Fact and Fiction: One-Leg Stand Test
Peter H. Lederman and Gilbert Snowden
Published 2001
This article by two New Jersey attorneys describes the administration and use of the one leg stand test.
Affiliation:
Defense
http://www.nj-dwi.com/sobriety-5.htm
Available online: click here
Horizontal Gaze Nystagmus - The Science and the Law: A Resource Guide for Judges, Prosecutors and Law Enforcement
American Prosecutors Research Institute
Published 2001
This resource guide provides an understanding of horizontal gaze nystagmus and its use to detect impairment due to alcohol and certain other drugs. It explains how HGN correlates to use of alcohol and other drugs, how it differs from other types of nystagmus, and how HGN's reliability has been tested and established in the courts. The guide assists prosecutors to establish the scientific reliability of HGN under the Frye or Daubert standard and provides a comprehensive source of HGN case law from across the country. In addition, it contains a bibliography of research studies and articles regarding HGN, as well as predicate questions for use with police officers, SFST instructors, optometrists, emergency room physicians and research psychologists.
Affiliation:
Prosecution
http://www.ndaa-apri.org/publications/apri/traffic_law.html
Available online: click here
The Drug Recognition Expert (DRE) Response to the Drug Impaired Driver: An Overview of the DRE Program, Officer, and Procedures
Thomas E. Page, MA
Published 2001
This article describes numerous aspects of the drug recognition expert program: historical development; drug categorizations; laboratory and field evaluations; curriculum development; institutionalization of the program; standardized 12-step process; equipment; training and certification; and recertification and continuing education.
Affiliation:
Prosecution
http://www.ndaa-apri.org/apri/programs/traffic/thomas_page_article_facts.html
Available online: click here
DWI Field Sobriety Testing - Fact and Fiction: Standards for the Standard Field Sobriety Test Program
Peter H. Lederman and Gilbert Snowden
Published 2001
This article by two New Jersey attorneys describes the development and implementation of field sobriety test standards.
Affiliation:
Defense
http://www.nj-dwi.com/sobriety-2.htm
Available online: click here
Drug Recognition Evaluation (DRE) Case Law
American Prosecutors Research Institute
Published 2001
This document provides a summary of published state and federal caselaw on drug recognition evaluation (DRE), current as of June 2001.
Affiliation:
Prosecution
http://www.ndaa-apri.org/apri/programs/traffic/DRE%20Caselaw.pdf
Available online: click here
Development of a Standardized Field Sobriety Test Training Management System
Jack Stuster, PhD, CPE
Published 2001
This report presents the results of a study conducted for NHTSA to develop a model system for managing Standardized Field Sobriety Test training within a state.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/alcohol/SFST/index.htm
Available online: click here
DRE Research Studies
American Prosecutors Research Institute
Published 1999
This document provides a bibliography of research studies on drug recognition experts.
Affiliation:
Prosecution
http://www.ndaa-apri.org/apri/programs/traffic/dre_research_studies.html
Available online: click here
Traffic Law Seminar
Supreme Court Seminar
Published 1999
This one-day seminar covered alcohol expert testimony, standard field sobriety testing, developments in DUI law, the admissibility of Horizontal Gaze Nystagmus test results, and how blood alcohol tests work. The seminar included demonstrations, lectures, panel discussions, and written materials. For more information, contact the Office of Judicial Education, 110 E. Main Street, Suite 200, Madison, WI 53703-3328, (608) 266-7807, or click on the website below.
Affiliation:
Judicial
http://www.courts.state.wi.us/
Available online: click here
Validation of the Standardized Field Sobriety Test Battery at BACS Below 0.10 Percent
Jack Stuster and Marcelline Burns
Published 1998
To assist officers in making DUI arrest decisions, this study for NHTSA evaluated the accuracy of the Standardized Field Sobriety Test (SFST) Battery in predicting blood alcohol content (BAC). Field testing found the SFST battery to be extremely accurate in discriminating between BACs above and below 0.08 percent. Officer estimates at the 0.08 level were accurate in 91% of the cases. The study concludes that SFSTs are reliable in establishing probable cause for DUI because of their exceptional accuracy in predicting whether BAC is above or below 0.08.
Affiliation:
Government
http://prevlink.org/therightstuff/community/LB166/sfstrep.pdf
Available online: click here
Frye v. Federal Rules: Admissibility of Horizontal Gaze Nystagmus and Drug Recognition Evaluation Evidence
National Traffic Law Center/American Prosecutors Research Institute
Published 1994
This article examines the different standards for admission of scientific evidence, with particular emphasis on the admissibility of horizontal gaze nystagmus and drug recognition examination evidence in relation to the Frye standard and state rules of evidence analogous to the Federal Rules of Evidence.
Affiliation:
Prosecution
http://www.ndaa-apri.org/pdf/frye_v_federal_rules.pdf?subject=Order%20Fry%20v.%20Federal%20Rules
Available online: click here
DWI -- Modern Day Salem Witch Hunts
Mimi Coffey
Published 0
This article, published by the National Association of Criminal Defense Lawyers, takes issue with the scientific evidence used in DWI trials. The article discusses HGN and the standardized field sobriety tests.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/0ce16f3b9551615c85256f6a00558f3a?OpenDocument
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
Driver Response
Breath Test Refusals in DWI Enforcement
T.J. Zwicker, J. Hedlund, and V.S. Northrup
Published 2005
Although stronger DWI laws have helped reduce the number of people who drink and drive, the same laws may have also increased the number of people who refuse a breath test. While such a refusal may subject these drivers to serious implied consent penalties, it may also help them avoid a DWI conviction. Given these circumstances, this NHTSA interim report describes background information about breath test refusal rates and the extent of the problem resulting from recent changes in laws, reviews the refusal and DWI laws for each State, and discusses two recommended strategies for reducing breath test refusals.
Affiliation:
Government
http://www.nhtsa.dot.gov/staticfiles/DOT/NHTSA/Traffic%20Injury%20Control/Articles/Associated%20Files/Breath_TestRefusals.pdf
Available online: click here
Between the Lines
National Traffic Law Center
Published 2004
Between the Lines is the newsletter of the National Traffic Law Center. The link provided below will take you to a listing of all articles published in the newsletter since 1993. (All articles can be accessed from that page.) The articles focus on issues faced by prosecutors in traffic cases, with an emphasis on DUI cases.
Affiliation:
Prosecution
http://www.ndaa-apri.org/publications/newsletters/between_the_lines_contents.html
Available online: click here
Drugs and Human Perfomance Fact Sheet
Fiona J. Couper, Fiona J. and Barry K. Logan
Published 2004
These fact sheets represent the work of a panel of experts who studied methods for identifying the impaired driver on the road, the assessment and documentation of the impairment they display, the availability of appropriate chemical tests, and the interpretation of the subsequent results.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/job185drugs/index.htm
Available online: click here
Overcoming Impaired Driving Defenses
Herbert R. Tanner, Jr.
Published 2003
This publication from the American Prosecutors Research Institute identifies the most common defenses used in DUI cases, provides specific strategies for overcoming these claims, and gives useful practice tips for prosecutors. According to this report, the most common defenses involve attacks on the initial stop and arrest; Miranda problems; challenges to the officer's investigation and observations of defendant's driving; improper administering of field sobriety tests; problems with breath testing instruments and results; and the officer's finding of impairment.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/overcoming_impaired_driving_defenses.pdf
Available online: click here
Admissibility of Horizontal Gaze Nystagmus Evidence
John Bobo, Marcelline Burns, Karl Citek and Stephen K. Talpins
Published 2003
This publication from the American Prosecutors Research Institute contains a collection of articles on horizontal gaze nystagmus (HGN) by medical and legal experts. The articles explain what HGN is, when it occurs, and why it is the most reliable field sobriety test for detecting alcohol impairment. The authors argue for increased use of HGN because it is the only field sobriety test that cannot be practiced or physically controlled by the test subject. The articles also address the foundational requirements for admitting HGN evidence at trial, focusing on how prosecutors can establish its scientific validity and reliability.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/admissibility%20of%20hgn_april_2003.pdf
Available online: click here
The Psychometrics and Science of Standardized Field Sobriety Tests, Part 1
Steven Rubenzer
Published 2003
This article critiques field studies of Standardized Field Sobriety Tests and argues that they suffer from significant defects that diminish their value as rigorous scientific studies. For example, the field studies validated the arrest decisions of the officers in the studies, not the SFSTs; the degree of supervision in the field studies was not typical of typical DWI stops; they did not compare the accuracy of arrest decisions for SFSTs performed under adverse climate conditions versus those that were not; and none of the studies have been published in peer-reviewed scientific journals.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3F8A042E622574185256E540074C15F?OpenDocument
Available online: click here
The Psychometrics and Science of the Standardized Field Sobriety Tests, Part 2
Steve Rubenzer
Published 2003
This article argues that SFSTs have significant limitations that must be understood by those who encounter them in the legal arena. The author argues that prosecutors and judges need to critically examine the SFST evidence offered in DUI cases so that innocent people are not wrongly convicted.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/UNID/C3C1B227CE08004D85256E540074C16E?OpenDocument
Available online: click here
Impaired Driving on Trial
Indiana Department of Toxicology
Published 2003
These video segments detail the pharmacology and toxicology of alcohol and drugs, depict three standardized field sobriety tests, demonstrate the administration of a breath alcohol test on an evidentiary machine, debunk some common evidentiary challenges to breath tests, and describe the differences between screening and confirmatory blood and urine drug tests.
Affiliation:
Government
http://nasjedui.unm.edu/video_pp/IndianaVideo.html
Available online: click here
DWI System Improvements for Dealing with Hard Core Drinking Drivers
Robyn Robertson
Published 2002
These speaking notes for a news conference in Florida address systematic approaches to improving DWI prosecution, including penalties for refusal of chemical BAC testing.
Affiliation:
Prosecution
http://www.trafficinjuryresearch.com/projects/projectDetails.cfm?intProjectID=8
Available online: click here
New Mexico DWI Benchbook: Criminal Proceedings Involving Driving Under the Influence of Alcohol or Drugs
New Mexico Judicial Education Center
Published 2002
This benchbook for general and limited jurisdiction judges provides information on all aspects of driving while impaired criminal proceedings in New Mexico. It covers elements of DWI offenses, initial stops and arrests, field sobriety and blood alcohol tests, implied consent issues, trial, sentencing, and related offenses. The appendices contain DWI case flow charts, penalty charts, charge descriptions for entering case documents into the court FACTS system, Scientific Laboratory Division fact sheets and regulations, and DWI statutes and uniform traffic ordinances.
Affiliation:
Judicial
http://jec.unm.edu/resources/benchbooks/dwi/index.htm
Available online: click here
DWI System Improvements for Dealing with Hardcore Drinking Drivers: Enforcement
Herb M. Simpson and Robyn D. Robertson
Published 2001
This is the first report in a series published by the Traffic Injury Research Foundation that addresses the ways the justice system can improve the efficiency and effectiveness of how it deals with hardcore drunk drivers. The report identifies specific problems in the enforcement of drunk driving laws, including cooperation of medical treatment staff, incomplete evidence, driver refusal to be tested and testimony of officers, and provides practical suggestions for handling these issues.
Affiliation:
Other
http://www.trafficinjuryresearch.com/publications/PDF_publications/EnforcementReport.pdf
Available online: click here
Validation of the Standardized Field Sobriety Test Battery at BACS Below 0.10 Percent
Jack Stuster and Marcelline Burns
Published 1998
To assist officers in making DUI arrest decisions, this study for NHTSA evaluated the accuracy of the Standardized Field Sobriety Test (SFST) Battery in predicting blood alcohol content (BAC). Field testing found the SFST battery to be extremely accurate in discriminating between BACs above and below 0.08 percent. Officer estimates at the 0.08 level were accurate in 91% of the cases. The study concludes that SFSTs are reliable in establishing probable cause for DUI because of their exceptional accuracy in predicting whether BAC is above or below 0.08.
Affiliation:
Government
http://prevlink.org/therightstuff/community/LB166/sfstrep.pdf
Available online: click here
DWI -- Modern Day Salem Witch Hunts
Mimi Coffey
Published 0
This article, published by the National Association of Criminal Defense Lawyers, takes issue with the scientific evidence used in DWI trials. The article discusses HGN and the standardized field sobriety tests.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/0ce16f3b9551615c85256f6a00558f3a?OpenDocument
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
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