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Charging of Offense

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

DUI Offenses

State Legislation Monitoring Report: FY 2003
Lettie Prell
Published 2003


This publication from the Iowa Department of Human Rights, Division of Criminal and Juvenile Justice Planning, reports on the impact of new legislation, including the impact of lowering the legal limit for blood alcohol content from .10 to .08. The report concludes that the change in BAC level for drunken driving has resulted in a five percent increase in filing of DUI complaints.
Affiliation: Government # http://www.state.ia.us/government/dhr/cjjp/pdfs/Monitoring%20Report%20FY2003.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

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

Legislative History of .08 Per Se Laws
C. Rodriguez-Iglesias, C. I. H. Wiliszowski, and J. H. Lacey
Published 2001


This report for NHTSA documents the legislative history of .08 per se legislation at the state level. It was conducted prior to the October 2000 passage of a federal provision mandating states to enact .08 per se laws by 2004 or otherwise begin losing federal highway construction funds. To write this legislative history, project staff studied the legislative and political processes in six states: Texas, Washington, Illinois, and Virginia (states that had passed .08 per se laws), as well as Maryland and Minnesota (states that, at the time of this study, had been attempting to pass .08 legislation for several years).
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/alcohol-laws/08History/index.htm
Available online: click here

Evaluation of the Illinois .08 Law: An Update with the 1999 FARS Data
Robert B. Voas, Ph.D.; A. Scott Tippetts; Eileen Taylor
Published 2001


This publication for NHTSA is a study on the effectiveness of the Illinois .08 blood alcohol concentration per se law. The study finds that the .08 law introduced in 1997 caused a 13.65% reduction in the predicted percentage of drinking drivers involved in fatal crashes.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/Illinois08/index.htm#Table%20of%20Contents
Available online: click here

Motor Vehicle Law and the Law of Impaired Driving in North Carolina
Ben F. Loeb, Jr. and James C. Drennan
Published 2000


This publication discusses and analyzes North Carolina's motor vehicle offenses, with a special emphasis on impaired driving offenses. Each chapter summarizes the law on a particular offense, and then discusses criminal penalties and insurance points. This publication is available in hard copy and CD and can be ordered at the web site listed below.
Affiliation: Government http://www.law.duke.edu/lib/researchguides/ncprac
Available online: click here

Current Model Laws
National Committe on Uniform Traffic Laws and Ordinances
Published 1999


This web site includes two draft uniform laws relating to DUI: "The Safe Streets Act" and the "Millenium DUI Prevention Act." The Safe Streets Act covers impoundment and immobilization after DUI and certification of ignition interlock systems. The Millenium DUI Prevention Act addresses: mandatory sentencing, treatment, and ignition interlock; the admissibility of chemical test results and compelled chemical testing in cases with great bodily harm or fatalities; implied consent; administrative license suspension or revocation procedures; and "zero tolerance" for underage drinking and driving.
Affiliation: Other http://www.ncutlo.org/
Available online: click here

Under Age 21 DUI Offenses

An Impact Evaluation of Underage Drinking Prevention Projects
J.H. Lacey, C.H. Wiliszowski and R. K. Jones
Published 2003


This report for NHTSA presents the results of an impact evaluation of four community-based underage drinking prevention projects, located in Chesterfield County, Virginia; Omaha, Nebraska; Salt Lake County, Utah; and Travis County, Texas. The impact evaluation focused on the effect of the programs on proxy measures of alcohol-related crashes among youth.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/UnderageDrinkingPrevent/index.html
Available online: click here

A Judicial Curriculum on Juvenile DWI and Alcohol & Other Drug Use
National Highway Traffic Safety Administration and the National Council of Juvenile and Family Court Judges
Published 2003


This comprehensive curriculum encourages judges to impose appropriate treatment and sanctions on juvenile DWI offenders and to become leaders in the development of community-based prevention and intervention programs. The curriculum includes information on drug and alcohol trends, adolescent development, law enforcement, screening and assessment, dispositions, and engaging the community. In addition to PowerPoint presentations, the curriculum includes a workshop coordinator's guide, lesson plans, participant materials, and a video, "Beyond the Bench," which addresses judges' ethical concerns when engaging in extra-judicial prevention activities. The entire curriculum may be obtained from the National Council of Juvenile and Family Court Judges, P.O. Box 8970, Reno, Nevada, 89507, (775) 784-6012.
Affiliation: Judicial http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part1/page5.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

Rating the States--An Assessment of the nation's Attention to the Problem of Drunk Driving and Underage Drinking
Mothers Against Drunk Driving
Published 2002


This report grades each state on its efforts to eliminate drunk driving, reduce alcohol related deaths and injuries, provide victim assistance, and prevent underage drinking and driving. In particular, the report considers state political leadership on DUI; BAC testing, data, and records; state law enforcement programs; administrative measures and criminal sanctions; underage drinking and driving control; victim issues; the criminal justice system; resource allocation; innovative state programs; and actual drunk driving injuries and fatalities.
Affiliation: Other http://www.madd.org/activism/0,1056,5545,00.html
Available online: click here

Evaluation of Use and Lose Laws
R.G. Ulmer, V.I. Shabanova and D.F. Preusser
Published 2001


The phrase "Use and Lose" describes laws that authorize driver licensing actions against persons found to be using or in possession of illicit drugs, and against young persons found to be drinking, purchasing or in possession of alcoholic beverages. The objective of this study for NHTSA was to assess the highway safety effects of "Use and Lose" in Missouri and Pennsylvania in terms of subsequent motor vehicle crashes and arrests of underage persons for alcohol or drug violations.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/alcohol-laws/eval-of-law/index.html
Available online: click here

Strategies for Success--Combating Juvenile DUI: Part III, Support Tools for Building Programs that Work
Office of Juvenile Justice and Delinquency Prevention and National Highway Transportation Safety Administration
Published 2000


This document is Part III of a four-part series intended to empower criminal justice professionals to take the lead in planning a community-wide coordinated response to alcohol-related delinquency, especially DUI and other traffic offenses. This Part contains policies, procedures, press releases, training materials, and other information a justice official can use to facilitate establishment of a successful juvenile DUI strategy.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part3/index.html
Available online: click here

Strategies for Success--Combating Juvenile DUI: Part II, The Eight Foundation Elements of a Successful DUI Strategy
Office of Juvenile Justice and Delinquency and Prevention and National Highway Transportation Safety Administration
Published 2000


This document is Part II of a four-part series intended to empower criminal justice professionals to take the lead in planning a community-wide coordinated response to alcohol-related delinquency, especially DUI and other traffic offenses. This document describes the need for a community based DUI task force or policy group that will undertake strategic and tactical planning before implementing any programs to deter or respond to juvenile DUI. The publication then reports on a wide variety of actual programs used by police, prosecutors, courts, treatment professionals, and educators, to prevent juvenile DUI before it occurs and to deal with it once it has occurred.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part2/index.html
Available online: click here

Zero Tolerance Laws for Youths: Four States' Experience
John H. Lacey, Ralph K. Jones and Connie H. Wiliszowski
Published 2000


This report for NHTSA summarizes a study of zero tolerance drinking driving laws for youth in Florida, Maine, Texas and Oregon. Two of the states, Maine and Oregon, adopted such laws in the early 1980s and modified them in the mid-1990s to make them more stringent. Texas and Florida adopted their zero tolerance laws in the late 1990s. The laws seem to be most effective in the states that have had them in place for the longer periods of time.
Affiliation: Government http://ntlsearch.bts.gov/tris/record/ntl/9360.html
Available online: click here

Strategies for Success--Combating Juvenile DUI: Part IV, Leadership Roles for Officials
Office of Juvenile Justice and Delinquency Prevention and National Highway Transportation Safety Administration
Published 2000


This document is the final part of a four-part series intended to empower criminal justice professionals to take the lead in planning a community-wide coordinated response to alcohol-related delinquency, especially DUI. In this Part, a police officer, prosecutor, and judge offer articles focusing on why leadership by these law enforcement and justice officials is essential to implementing any community attack on juvenile DUI. The authors describe approaches they used that were effective in their own communities.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part4/index.html
Available online: click here

Strategies for Success--Combating Juvenile DUI: Part I, Building Programs that Work
Office of Juvenile Justice and Delinquency Prevention and National Highway Transportation Safety Aministration
Published 2000


This document is part of a four-part series intended to empower criminal justice professionals to take the lead in planning a community-wide coordinated response to alcohol-related delinquency, especially regarding traffic offenses. This document, Part I of the series, describes overall strategy and specific steps that the police chief executive or other local justice official can use to lead the implementation of components that will work best in the local community.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/
Available online: click here

Courage to Live
The National Judicial College
Published 2000


The Courage to Live program is a judicial outreach program designed to combat underage drinking and driving. The program provides judges with teaching tools, resources, and other information they need to discuss the consequences of drinking and driving with young people in school. The program includes a guidebook for judges with model one-day, half-day, and one-hour curricula. For a more detailed description of the program, click on the online link below. To obtain the curriculum, contact the National Judicial College at: Mail Stop 358, Reno, Nevada 89557, or 1-800-255-8343.
Affiliation: Judicial http://www.judges.org/courses/ctl07.html
Available online: click here

Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors
National Highway Traffic Safety Administration and National Institute on Alcohol Abuse and Alcoholism
Published 1999


This Guide from NHTSA and NIAAA aims at helping judges effectively sanction minors for alcohol-related offenses. The Guide emphasizes sentencing that will protect the public, hold offenders accountable to the victim and/or community, and provide education or treatment services for the offender. Research into the effectiveness of sanctions is discussed and a detailed bibliography is included.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/youthdui/index.html
Available online: click here

DUI-Related Offenses

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

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

Open Container Laws and Alcohol-Related Crashes
Jack Stuster, PhD, Marcelline Burns, PhD and Dary Fiorentino, MA
Published 2002


This report presents the results of a study conducted for NHTSA to assess the highway safety effects of laws that prohibit open containers of alcoholic beverages to be located in the passenger compartment of motor vehicles operated on public roadways.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/OpenContainer/evaluation_effects.htm
Available online: click here

Observational Study of the Extent of Driving While Suspended for Alcohol-Impaired Driving
Anne T. McCartt, Lori L. Geary and William J. Nissen
Published 2002


Using two sites located in different states, this report for NHTSA presents the results of a comprehensive effort to document and explain the driving patterns of a representative sample of first-time alcohol-impaired driving offenders. The research effort encompassed an observational study of alcohol-impaired driving offenders and focus group research. Subjects were persons who had recently lost their license as a result of a first-time alcohol-impaired driving conviction.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/observation_study/index.htm
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

Motor Vehicle Law and the Law of Impaired Driving in North Carolina
Ben F. Loeb, Jr. and James C. Drennan
Published 2000


This publication discusses and analyzes North Carolina's motor vehicle offenses, with a special emphasis on impaired driving offenses. Each chapter summarizes the law on a particular offense, and then discusses criminal penalties and insurance points. This publication is available in hard copy and CD and can be ordered at the web site listed below.
Affiliation: Government http://www.law.duke.edu/lib/researchguides/ncprac
Available online: click here

Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors
National Highway Traffic Safety Administration and National Institute on Alcohol Abuse and Alcoholism
Published 1999


This Guide from NHTSA and NIAAA aims at helping judges effectively sanction minors for alcohol-related offenses. The Guide emphasizes sentencing that will protect the public, hold offenders accountable to the victim and/or community, and provide education or treatment services for the offender. Research into the effectiveness of sanctions is discussed and a detailed bibliography is included.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/youthdui/index.html
Available online: click here

 
Topics
Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Testing of Body Samples
Charging of Offense
DUI Offenses
Under Age 21 DUI Offenses
DUI-Related Offenses
Pre-Trial and Trial Matters
Sentencing
Courts and DUI
Impact of DUI