Pre-Trial and Trial Matters

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Pre-Trial and Trial Matters

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

Ten Things Prosecutors Can Do for Stronger DUI Cases
American Prosecutors Research Institute
Published 0

This article gives prosecutors tips for investigating and trying DWI cases. It encourages prosecutors to learn as much as possible about toxicology, breath tests and possible defenses.
Affiliation: Prosecution http://www.ndaa.org/publications/newsletters/between_lines_volume_12_number_3_2003.html
Available online: click here

Conditions of Release

Continuous Transdermal Alcohol Monitoring: A Practitioner's Guide
Traffic Injury Research Foundation
Published 2007

This second report on transdermal alcohol monitoring provides a framework to assist agencies with the development of policies and practices to apply such technology to monitor offenders who are diagnosed with alcohol issues. It reviews steps associated with implementing a comprehensive supervision system involving continuous transdermal monitoring technology.
Affiliation: Government http://www.trafficinjuryresearch.com/publications/pub_details.cfm?intPublD=237
Available online: click here

DWI System Improvements for Dealing with Hardcore Drinking Drivers: Monitoring
Robyn D. Robertson and Herb M. Simpson
Published 2003

This report is the fourth 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 key problems with the monitoring of hardcore drunk drivers and offers solutions derived from research on how to improve the system.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Monitoring_Report.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: Prosecution
Robyn D. Robertson and Herb M. Simpson
Published 2002

This report is the second 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. This report identifies key problems with the prosecution of hardcore drunk drivers and offers solutions derived from research on how to improve the system.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Prosecution_Report.pdf
Available online: click here

A Study of Outstanding DWI Warrants
C. H. Wiliszowski, C. E. Rodriguez-Iglesias, J. H. Lacey, R. K. Jones and E. Cyr
Published 2001

This report for NHTSA presents findings regarding the handling of outstanding warrants for absconders and people who have defaulted after having been charged or convicted of offenses related to driving while impaired or intoxicated. The study attempted to estimate the extent of the problem of outstanding DWI (driving while intoxicated) warrants in various locations across the country.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/Outstanding_Warrants/Warrants_index.html
Available online: click here

Evidence

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

DUI Defense Practitioner's Perspective
Bruce Kapsack and Steven Oberman
Published 2004

In this article, the authors describe how the U.S. Supreme Court ruling in Crawford v. Washington (on the admissibility of testimonial hearsay evidence) may be used in DUI cases to exclude breath test results.
Affiliation: Defense http://www.nacdl.org/public.nsf/0/27560a70ccb8963885256f3c0069ded4?OpenDocument
Available online: click here

Alcohol Toxicology for Prosecutors; Targeting Hardcore Impaired Drivers
American Prosecutors Research Institute
Published 2003

This publication serves as a guide to the basic principles of toxicology and the role of experts in this science. It covers interpretation of alcohol results, including common defenses, and use of toxicology in prosecutions. It also contains alcohol charts for males and females
Affiliation: Prosecution http://www.ndaa.org/pdf/toxicology_final.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

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

Crash Reconstruction Basics for Prosecutors
John Kwasnoski
Published 2003

This report from the American Prosecutors Research Institute is a primer intended for prosecutors, but useful for judges, on the basic science and investigative techniques used in accident reconstruction. The report explains how accident reconstructionists use friction marks, drag sleds, vehicle damage, yaw marks, black boxes, and time-distance analysis to determine what actually happened in a particular accident. The report also identifies common defense attacks on accident reconstructions and possible prosecutorial responses to such attacks.
Affiliation: Prosecution http://ndaa-apri.org/pdf/crash_reconstruction_basics.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

Essential Cases to Know in Handling Challenges to Scientific Evidence, Part 1
Leonard Stamm
Published 2003

This article reviews ten classes of cases that can be used to suppress or limit the state's use of scientific evidence in DUI cases, including: validity of the scientific technique; privacy; common law foundational requirements; Fourth Amendment; due process and other constitutional and statutory or regulatory protections; statutory and regulatory requirements; rules of evidence; confrontation; compulsory process; and discovery.
Affiliation: Defense http://www.lstamm.com/essentialcasespart1.htm
Available online: click here

Essential Cases to Know in Handling Challenges to Scientific Evidence, Part 2
Leonard Stamm
Published 2003

In this continuation of an earlier article, the author reviews cases that can be used to suppress or limit the state's use of scientific evidence in DUI cases. In this Part, the author considers cases addressing the Fourth Amendment, statutory and regulatory requirements in breath testing, rules of evidence other than Rule 702, confrontation, compulsory process, and discovery.
Affiliation: Defense http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/63e736979c8a3d2a85256e540074c1a0?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

DWI System Improvements for Dealing with Hardcore Drunk Drivers: Adjudication and Sanctioning
Robyn D. Robertson and Herb M. Simpson
Published 2002

This report is the third 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 key problems with the adjudication and sentencing of hardcore drunk drivers, including caseload, juries, and presentation of evidence, and offers solutions derived from research on how to improve the system.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Sanctioning_Report.pdf
Available online: click here

Crash Reconstruction Basics for Prosecutors
American Prosecutors Research Institute
Published 2001

This report covers the basic science and investigative techniques for reconstruction of a crash. The author, Professor John Kwasnoski, is a nationally-recognized expert on crash reconstruction.
Affiliation: Prosecution http://www.ndaa-apri.org/pdf/crash_reconstruction_basics.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

Traffic Court Technology
Institute of Continuing Judicial Education
Published 2001

This training program utilized a lecture and mock-trial format to demonstrate how technology applies in DUI cases. The program covered court technology, dealing with scientific and expert evidence, drug recognition testing, and drug and alcohol pharmacology. For more information, contact the Institute of Continuing Judicial Education, 123 Dean Rusk Hall, University of Georgia, Athens, GA 30602, (706)542-5150.

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

Annual Traffic Seminar
Institute of Continuing Judicial Education
Published 2000

In this two-day seminar, judges learn about the use of Intoxilyzer 5000, indications of drug impairment, laying a foundation for police officer testimony, the pharmacological impact of combining alcohol and marijuana or presecribed medications, and synergistic impairments. This seminar followed a lecture format with demonstrations of diagnostic instruments. 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

The Bench
State Justice Institute
Published 1999

The Bench is a web site that contains A Judge's Deskbook on the Basic Philosophies and Methods of Science, A Model Curriculum, as well as an instructor's manual for the Deskbook. Both documents will help judges in DUI (and other) cases understand and interpret scientific evidence as it is offered.
Affiliation: Other http://www.unr.edu/bench/
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

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

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

Case Management

Drug Court: A S.T.E.P. in the Right Direction
The 26th Judicial District of North Carolina in Charlotte
Published 2003

This video shows actual court proceedings and treatment team meetings from a DUI Court in North Carolina called the S.T.E.P. program. "S.T.E.P.," which is an acronym for Supervision, Treatment, Education, and Prevention, encourages recovery and aims to break the cycle of addiction, crime, and recidivism typical of DUI offenders. The S.T.E.P. program takes a rehabilitative approach to justice, incorporating intensive treatment, close supervision/case management, weekly drug testing, frequent appearances before the judge, and predictable and escalating sanctions for program violations.
Affiliation: Government http://nasjedui.unm.edu/video_pp/NCVideo.htm
Available online: click here

Initiatives to Address Impaired Driving
National Highway Transportation Safety Administration
Published 2003

This report from NHTSA looks at the safety problems caused by impaired drivers and suggests strategies for reducing driver impairment. Recommended countermeasure strategies include high visibility police, specialized DUI courts, DUI prosecutors, efficient offender processing, strong alcohol control policies and enforcement, and alternative sanctions/limitations on pre-conviction diversion programs. The report also recommends infrastructure initiatives: promoting statewide self-sufficiency in funding, increasing post-crash BAC testing, implementing impaired driving record information systems, establishing state DUI task forces, and enacting comprehensive state DUI legislation.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/IPTReport/FinalAlcoholIPT-03.pdf
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

Drunk Driving: Seeking Additional Solutions
James H. Hedlund and Anne T. McCartt
Published 2002

This study investigates why drunk driving has not decreased recently and what can be done to reduce it further. Using data from traffic crashes, roadside interviews, telephone surveys, and other research, the authors present a clear picture of impaired driving today and critique various methods used to deter drunk driving.
Affiliation: Other http://www.aaafoundation.org/pdf/DrunkDriving-SeekingAdditionalSolutions.pdf
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

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

Federal Confidentiality Laws and How They Affect Drug Court Practitioners
National Drug Court Institute
Published 1999

This brief guide addresses the interplay between confidentiality laws and the need for drug court professionals to share information. The guide covers the applicability of federal confidentiality laws, the requirements of federal law, best practices, consent, and permitted and mandatory disclosures without consent. Although this publication is directed at drug court practitioners, it will benefit DUI court practitioners as well.
Affiliation: Other http://www.ndci.org/admin/docs/confid.pdf
Available online: click here

DUI Caseflow Management
Washington Office of the Administrator for the Courts
Published 1999

Through lecture, participant presentation, problem solving, research and reading, homework/testing, demonstration of diagnostic instruments, this program addresses DUI case flow management issues. For more information, click on the link below or contact the Washington Office of the Administrator for the Courts, 1206 Quince St. SE, Olympia, WA. 98504, (360) 357-2121.
Affiliation: Judicial http://www.courts.wa.gov/
Available online: click here

Problems and Solutions in DWI Enforcement Systems
R.K. Jones, J.H. Lacey and C.H. Wiliszowski
Published 1998

This project was concerned with identifying common failures and failure modes in DWI enforcement systems and in generating promising ways of dealing with them. This report for NHTSA presents on-site case studies in Scottsdale, Arizona; Rockdale County, Georgia; and Palm Beach County, Florida, addressing issues of case management, DUI legislation, law enforcement techniques and sanctioning.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/enforce/EnforceDWI/pdf/1introduction.pdf
Available online: click here

Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Testing of Body Samples
Charging of Offense
Pre-Trial and Trial Matters
•	Conditions of Release
•	Evidence
•	Case Management
Sentencing
Courts and DUI
Impact of DUI

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