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Testing of Body Samples

Digest of Impaired Driving and Selected Beverage Control Laws, 23rd Edition
NHTSA
Published 2006


Provides a listing of state laws dealing with impaired driving and alcohol control issues. Areas covered include the various bases for DUI offenses, chemical testing, DUI adjudication, administrative license revocation, other alcohol-related offenses and dram shop liability. The information is compiled in a consistent format in order to make research easier. www.ntis.gov
Affiliation: Prosecution Defense Judicial Government http://www.ncutlo.org/beveragelaws.pdf
Available online: click here

Breath Testing for Prosecutors
American Prosecutors Research Institute
Published 2004


This publication educates prosecutors about the basics of breath testing theories and procedures. It includes a discussion of toxicology and common challenges to the tests.
Affiliation: Prosecution http://www.ndaa-apri.org/pdf/breath_testing_for_prosecutors.pdf
Available online: click here

Interface of Science & Law in Drug Testing
Mark P. Stevens and James R. Addison
Published 1999


This article, written by an attorney and a physician, explains that the scientific literature on drugs and their intoxicating effects is wholly inadequate for use in prosecuting DUI cases. The article considers the limitations of specific drug-testing methods, including immunoassays, thin-layer chromatography, and gas chromatography/mass spectrometry. It further evaluates problems with false positives and cross reactivity in drug testing. The authors conclude that current drug testing is vastly inferior to alcohol testing because it can only detect the presence of drugs, but cannot prove when a drug was consumed or whether a correlation exists between the amount of drug consumed and its effects on a person's conduct and/or impairment.
Affiliation: Defense http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/7e2489f2d3cca065852568480073b12f?OpenDocument
Available online: click here

How Breathalyzers Work
Craig C. Freudenrich, Ph.D.
Published 0


On-line article that describes, in fairly lay man's terms, how breath alcohol testing devices work. The article covers the principles behind breath alcohol testing and then goes into the specific science, technology and functioning behind the three major types of breath alcohol testing devices: the Breathalyzer, the Intoxilyzer and the Alcosensor III or IV. www.howstuffworks.com
Affiliation: Prosecution Defense Judicial http://www.howstuffworks.com/breathalyzer.htm
Available online: click here

Types of Body Sample Tests

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

Breath Testing for Prosecutors
American Prosecutors Research Institute
Published 2004


This publication educates prosecutors about the basics of breath testing theories and procedures. It includes a discussion of toxicology and common challenges to the tests.
Affiliation: Prosecution http://www.ndaa-apri.org/pdf/breath_testing_for_prosecutors.pdf
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

Alcohol Toxicology for Prosecutors
Patrick Harding
Published 2003


This publication from the American Prosecutors Research Institute provides a guide to the basic principles of toxicology, such as how the body absorbs, distributes, and eliminates alcohol. Judges that understand these basic principles can better evaluate the evidence of blood alcohol content routinely offered in DUI trials. In particular, the guide thoroughly explains retrograde extrapolation, the process of estimating blood alcohol level at the time of driving based on a later chemical test.
Affiliation: Prosecution http://ndaa-apri.org/pdf/toxicology_final.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

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

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

Special Testing for Possible Carry Over Effects Using the Intoximeters, Inc. Alco-Sensor IV at 10 Degrees Celsius
Edward Conde
Published 2002


Roadside testing at low temperature presents a potential problem, because the breath is saturated with moisture. If the ambient air is cold enough, and if the hand held breath tester is unheated, it is possible for the moisture in the breath to condense onto the airway surface of the tester, and cause alcohol present to condense with it, which could cause a false positive result. This report presents NHTSA's effort to study this "carry-over" effect by performing a series of tests on two versions of the Alco-Sensor IV: a screening version and an evidential/screening version.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/carryout/index.htm
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

Alcohol Technology Resource Center
National Commission Against Drunk Driving
Published 2001


This report tracks the results of the 2000 NCADD Alcohol and Drug Technology Forum, in which alcohol and drug technology companies met with federal, state, and local officials in order to discuss new strategies and equipment for detecting impaired drivers. The conference was held in Washington, D.C. on November 29-30, 2000 and was co-sponsored by NHTSA and the Century Council. The report focuses on the detection, prevention and sanctioning of drunk drivers. It contains a technology overview, research and evaluation of technology use, and information about potential technology use from a vendor's perspective.
Affiliation: Other http://www.ncadd.com/alcohol_tech_reso_center.cfm
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

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

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

Field Test of On-Site Drug Detection Devices
Rebekah K. Hersch, Dennis J. Crouch and Royer F. Cook, Ph.D.
Published 2000


This NHTSA-sponsored study reports the findings of a field evaluation of five on-site drug screening devices used by law enforcement to screen for illicit drugs among drivers suspected of driving under the influence of alcohol or other drugs. In two major U.S. jurisdictions (Nassau County, New York and Houston, Texas), five of the leading on-site devices were field tested on 800 drivers apprehended for suspicion of DUI. Field test results included: (1) the number of drug positives detected by each device across the five major drugs of abuse; (2) the number of discrepancies among the five on-site devices and between the devices and the confirmations; and (3) the mean officer ratings for each device. The report discusses the implications of law enforcement using on-site devices for assessing illicit drug use by drivers.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/onsitedetection/Drug_index.htm
Available online: click here

A Review of the Literature on the Effects of Low Doses of Alcohol on Driving-Related Skills
Herbert Moskowitz and Dary Fiorentino
Published 2000


This report for NHTSA analyzes the scientific literature on the effects of alcohol on driving-related skills. One hundred and twelve articles - from 1981 to 1997 - were reviewed. Two separate analyses were conducted. The first analysis determined the lowest BAC at which impairment is reliably present in driving-related skills. The second analysis determined the thresholds of impairment for each of twelve separate behavioral areas. The authors concluded that all drivers can be expected to experience impairment in some driving-related skills by 0.08 g/dl or less.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/Hs809028/Title.htm#Contents
Available online: click here

Driver Characteristics and Impairment at Various BACs
H. Moskowitz, M. Burns, D. Fiorentino, A. Smiley and P. Zador
Published 2000


This report for NHTSA describes the results of an experiment conducted to determine (1) the magnitude of alcohol impairment of driving skills as BACs varied from zero to 0.10% and (2) whether age, gender, and drinking practice characteristics of the subjects would differentially affect alcohol impairment in a sample of subjects who were broadly representative of the driving population. Using a driving simulator and a divided attention task, 168 subjects were examined at BACs to 0.10% for moderate and heavy drinkers and to 0.08% for light drinkers.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/impaired_driving/BAC/index.html
Available online: click here

Traffic Survey Update Recertification
Institute of Continuing Judicial Education
Published 2000


This 2-day seminar covers the admissibility of Intoxilyzer 5000 breath tests, the science and operation of breath alcohol testing devices, mandatory DUI sentencing issues, ignition interlock demonstrations, giving implied consent and Miranda warnings, and the synergistic interactions between alcohol, marijuana, and other drugs. For more information, contact the Institute of Continuing Judicial Education, 123 Dean Rusk Hall, University of Georgia, Athens, GA 30602, (706) 542-5150.
Affiliation: Judicial

Governor's Office of Highway Safety DUI Conference for Judges
Supreme Court of Arizona
Published 2000


This program for experienced judges covers "Critical Choices and Courageous Decisions" in DUI cases, includes a drinking demonstration with breath tests, a demonstration by SADD (Students Against Drunken Driving), and discussions of DUI courts, juries in DUI cases, graduated licenses and points, and relevant technology. For more information, click on the link below or contact the Supreme Court of Arizona, Arizona State Courts Building, 1501 West Washington, Suite 411, Phoenix, AZ. 85007, (602) 354-1000.
Affiliation: Judicial http://www.supreme.state.az.us/nav2/jud_ed.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

Interface of Science & Law in Drug Testing
Mark P. Stevens and James R. Addison
Published 1999


This article, written by an attorney and a physician, explains that the scientific literature on drugs and their intoxicating effects is wholly inadequate for use in prosecuting DUI cases. The article considers the limitations of specific drug-testing methods, including immunoassays, thin-layer chromatography, and gas chromatography/mass spectrometry. It further evaluates problems with false positives and cross reactivity in drug testing. The authors conclude that current drug testing is vastly inferior to alcohol testing because it can only detect the presence of drugs, but cannot prove when a drug was consumed or whether a correlation exists between the amount of drug consumed and its effects on a person's conduct and/or impairment.
Affiliation: Defense http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/7e2489f2d3cca065852568480073b12f?OpenDocument
Available online: click here

Third Annual Nevada DUI Conference
The National Judicial College
Published 1998


This three-day conference addressed chemical testing, the detection and apprehension of drunk drivers, the role of administrative agencies in the DUI process, innovative interventions, national DUI trends, preventing DUI recidivism, assessment and treatment,the use of ignition interlock devices, and vehicle impoundment. The conference employed a variety of instructional methods and materials, include: case studies and hypotheticals, lectures, demonstrations, role plays and simulations, slide shows and PowerPoint presentations, and Video/DVD. For more information, click on the link below, or contact the National Judicial College, 1664 N. Virginia St., MS 358, Reno, NV 89557, (800) 255-8343.
Affiliation: Judicial http://www.judges.org/
Available online: click here

Alcohol in the Human Body
Intoximeters Inc.
Published 0


This six-minute video segment on chemical testing for blood alcohol describes Henry's Law, which establishes a predictable, mathematical relationship between the concentration of alcohol in a deep lung breath sample and the concentration of alcohol in a person's blood. The video segment also describes the importance of observing a waiting period of at least fifteen minutes before taking a breath sample in order to eliminate inaccuracy problems arising from the presence of residual alcohol in the mouth.
Affiliation: Vendor http://www.intox.com/physiology.asp
Available online: click here

EC/IR Training Tape
Intoximeters Inc.
Published 0


This brief video segment describes and demonstrates how instruments utilizing fuel cell technology detect and measure alcohol in a person's blood stream. Although this video segment specifically describes the Intoximeter EC/IR, a commercial instrument used for determining blood alcohol levels, the video describes the scientific process that enables all instruments that use fuel cell technology to accurately determine blood alcohol content.
Affiliation: Vendor http://www.intox.com/store/training.asp?pg=6%20
Available online: click here

How Breathalyzers Work
Craig C. Freudenrich, Ph.D.
Published 0


On-line article that describes, in fairly lay man's terms, how breath alcohol testing devices work. The article covers the principles behind breath alcohol testing and then goes into the specific science, technology and functioning behind the three major types of breath alcohol testing devices: the Breathalyzer, the Intoxilyzer and the Alcosensor III or IV. www.howstuffworks.com
Affiliation: Prosecution Defense Judicial http://www.howstuffworks.com/breathalyzer.htm
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

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

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

Statutory Rights

Blood Search Warrant Curriculum
The Institute of Public Law
Published 2003


This curriculum, which is intended for officers and law enforcement administrators, covers information law enforcement officers need in order to obtain a search warrant for a blood sample in DUI cases. The curriculum focuses on establishing probable cause through investigation, writing and submitting the affidavit for a search warrant, and establishing processes with the courts to expedite obtaining the warrant in off-hours. This document is available from the Institute of Public Law, University of New Mexico Schoool of Law, MSC11 6060, 1 University of New Mexico, Albuquerque, New Mexico 87131-0001, (505) 277-5006.
Affiliation: Other

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 Survey Update Recertification
Institute of Continuing Judicial Education
Published 2000


This 2-day seminar covers the admissibility of Intoxilyzer 5000 breath tests, the science and operation of breath alcohol testing devices, mandatory DUI sentencing issues, ignition interlock demonstrations, giving implied consent and Miranda warnings, and the synergistic interactions between alcohol, marijuana, and other drugs. For more information, contact the Institute of Continuing Judicial Education, 123 Dean Rusk Hall, University of Georgia, Athens, GA 30602, (706) 542-5150.
Affiliation: Judicial

 
Topics
Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Testing of Body Samples
Types of Body Sample Tests
Driver Response
Statutory Rights
Charging of Offense
Pre-Trial and Trial Matters
Sentencing
Courts and DUI
Impact of DUI