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Aggravating and Mitigating Factors

DWI- Preparing for Plan B: Mitigating Punishment in DWI Sentencing
Michael M. Hawkins and Gus McDonald
Published 2004

This article for criminal defense lawyers explores options for minimizing a client's punishment when faced with an adverse verdict or a high-risk case. By focusing on the reasons why society punishes criminals, the authors examine a variety of arguments and mitigating circumstances that may be properly considered by the court during sentencing.
Affiliation: Defense
Available online: click here

Evaluation of Enhanced Sanctions for Higher BACs: Summary of States' Laws
Anne T. McCartt
Published 2001

This report for NHTSA evaluates the laws in the 29 states that as of 2001 had instituted statutes, regulations or rules that provide for enhanced penalties for DUI offenders with a "high" BAC. States vary in terms of the high-BAC threshold, which ranges from .15 to .20 percent, and the types, severity, and complexity of sanctions. Types of high-BAC sanctions include limitations on plea reductions or deferred judgments; driver-based punitive sanctions (jail, electronic home monitoring, community restitution, fines, license suspension/revocation); vehicle-based punitive sanctions (ignition interlock, administrative plate impoundment); and alcohol treatment/education.
Affiliation: Government
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
Available online: click here

Arrest

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
Available online: click here

Basis of Stop

A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned
Deborah Ramirez, Jack McDevitt, and Amy Farrell
Published 2000

Because data on the nature, character, and demographics of police activity can address public allegations of discriminatory policing and racial profiling, the U.S. Department of Justice developed this monograph to encourage voluntary data collection. The monograph discusses the nature of racial profiling; describes data collection and its purpose; discusses current data collection activities in California, New Jersey, North Carolina, and Great Britain; and makes recommendations for the future.
Affiliation: Government
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
Available online: click here

Detection of DWI Motorcyclists
National Highway Traffic Safety Administration
Published 2005

This short publication describes a set of behavioral cues that can be used by law enforcement personnel to detect intoxicated motorcyclists. Specifically, fourteen cues are identified that best discriminate between DWI and unimpaired motorcycle operation. Of these fourteen, those classified as "Excellent Predictors" predicted impaired motorcycle operation at least 50 percent ofthe time. These cues focus on the special coordination and balance requirements of riding a two-wheeled vehicle. Those cues classified as "Good Predictors" predicted impaired motorcycle operation 30 to 49 percent of the time.
Affiliation: Government
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
Available online: click here

Evaluation of Checkpoint Tennessee: Tennessee's Statewide Sobriety Checkpoint Program
John H. Lacey, Ralph K. Jones and Randall G. Smith
Published 1999

This report for NHTSA examines the extensive statewide sobriety checkpoint program implemented by Tennessee (Checkpoint Tennessee). Checkpoints were scheduled on each weekend of the year in at least four counties in the state. On five weekends checkpoints were scheduled in each of the state's 95 counties. The volume of checkpoints increased from about 15 in the preceding year to nearly 900 in the program year. The program resulted in a 20.4% reduction in alcohol related crashes extending at least 21 months after conclusion of the formal program. This resulted in a savings of nine fatal alcohol-related crashes per month in Tennessee.
Affiliation: Government
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
Available online: click here

Safety Belt Use in 2004 -- Use Rates in the States and Territories
Donna Glassbrenner, Ph.D.
Published 2004

This brief Research Note provides state-by-state analysis of seatbelt laws and seatbelt use. The Note finds higher seatbelt use in jurisdictions with primary enforcement laws than in those jurisdictions with secondary enforcement laws. Under a primary belt law, motorists can be stopped and ticketed simply for seatbelt nonuse. Under secondary laws, motorists must be stopped for another infraction before being ticketed for seatbelt nonuse.
Affiliation: Government
Available online: click here

Sobriety Checkpoint State Case Law Summary
National Highway Traffic Safety Administration
Published 2000

This chart, which was developed as part of NHTSA's "You Drink & Drive, You Lose" program, provides a summary of the legality of sobriety checkpoints in each of the 50 states.
Affiliation: Government
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
Available online: click here

The Visual Detection of DWI Motorists
National Highway Traffic Safety Administration
Published 2001

This publication from NHTSA describes 24 driving cues that will help law enforcement officers identify impaired motorists. The publication provides detailed information on problems such as maintaining a proper lane position, speed and braking, vigilance and judgment, as well as post stop cues that may indicate intoxication.
Affiliation: Government
Available online: click here

Case Management

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
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
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
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
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
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
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
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
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
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
Available online: click here

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
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
Available online: click here

Constitutional Rights

Courts and DUI

Alcohol Interlock Programs: A Global Perspective - Proceedings of the Sixth International Symposium on Alcohol Ignition Interlock Programs
RD Robertson, WGM Vanlaar and DJ Beirness
Published 2006

This report reviews the latest in ignition interlock technology from around the globe, as well as other nations' experiences in the use of ignition interlock devices as a tool against DUI. The topics are presented in a series of articles from a variety of authors. Traffic Injury Research Foundation
Affiliation: Judicial Government Other
Available online: click here

Alcohol Interlock Programs: Pushing Back the Frontiers / Proceedings of the Fifth International Symposium on Alcohol Ignition Interlock Programs
DJ Beirness and RD Robertson
Published 2005

This resource reviews other nations' experiences with ignition interlock devices as a tool for combating DUI. Through a series of articles, it discusses topics such as the integration of rehabilitation and interlock programs, innovations in interlock programs and testing and certification issues relevant to the technology and devices. www.trafficinjuryresearch.com
Affiliation: Prosecution Judicial Government
Available online: click here

DWI Courts and DWI/Drug Courts: Reducing Recidivism, Saving Lives
National Drug Court Institute
Published 2005

Informational on-line article posing the question whether the drug court model can be translated with the same success to the offense of DUI. The article covers the history and success of drug courts and explains both the DUI court model and the theories regarding its success. The piece also gives a helpful list of several currently functioning DUI courts and details several other references and resources which provide more information on DUI courts. www.ndci.org
Affiliation: Prosecution Judicial Government
Available online: click here

Guide to Sentencing DWI Offenders, 2nd Edition
NA
Published 2005

This guide is designed to assist judges and prosecutors with the sentencing of repeat DUI offenders in order to reduce recidivism among this type of offender. www.ntis.gov
Affiliation: Prosecution Judicial
Available online: click here

Driver Response

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
Available online: click here

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
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
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
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
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
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
Available online: click here

DUI Offenses

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
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
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
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
Available online: click here

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
Available online: click here

DUI-Related Offenses

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
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
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
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
Available online: click here

Enhancement for Prior Conviction

Determine Reasons for Repeat Drinking and Driving
C. Wiliszowski, P. Murphy, R. Jones and J. Lacey
Published 1996

This document reports the results of a study for NHTSA on why some individuals continue to drink and drive, even after a DUI conviction. All of the information for this report was taken from one-on-one interviews of persons convicted of DUI.
Affiliation: Government
Available online: click here

Prior Convictions in DUI Prosecutions
LEXIS Law Publishing
Published 2005

This publication provides information regarding how prosecutors can obtain certified copies of prior DUI convictions, including how to obtain out-of-state driving records. It also has case citations interpreting DUI laws from other states and the DUI statutes and sample driving records from most other states. LEXIS Law Publishing
Affiliation: Prosecution Vendor
Available online: click here

State of Knowledge of Alcohol-Impaired Driving: Research on Repeat DWI Offenders
R.K. Jones and J.H. Lacey
Published 2000

This report for NHTSA reviews the scientific literature from years 1990 to 2000 concerning drivers who have been convicted more than once of driving while impaired by alcohol (DWI). The report covers the role of these drivers in alcohol-related crashes, their characteristics, and the nature and effectiveness of countermeasures designed to reduce their alcohol-crash involvement.
Affiliation: Government
Available online: click here

Evidence

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
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
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
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
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
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
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
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
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
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
Available online: click here

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
Available online: click here

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
Available online: click here

Impact of DUI

Initial Stop of Vehicle

Innovative Systematic Approaches

A Model Driving While Intoxicated Divert Court
Mikah Mitchell
Published 2000

This paper proposes a model DUI diversion court for first time offenders with substance abuse problems based on Drug Court standards and practices. The model includes proposed eligibility standards, a comprehensive program for the DWI offender, graduation requirements, and a mentoring phase.
Affiliation: Judicial
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 documents a project on how outstanding warrants are handled for individuals who have been charged or convicted of offenses related to driving while impaired/intoxicated, but who have absconded or defaulted in either court appearances or in fulfilling sanctions. The specific project objectives were to identify the nature and extent of the DWI outstanding warrant problem, including the situations which lead to the issuance of such warrants, and to identify promising strategies that jurisdictions are using to eliminate or minimize this problem in their communities. The main finding was that a widespread lack of resources and data systems able to assess the situation and identify problems make it difficult to quantify the numbers of outstanding warrants related to DWI offenses and devise solutions. The report provides the project's findings, conclusions and recommendations.
Affiliation: Government
Available online: click here

Alcohol Ignition Interlock Devices I: Position Paper
International Council on Alcohol, Drugs and Traffic Safety Working Group on Alcohol Ignition Interlocks
Published 2001

This report on ignition interlocks reviews key ignition interlock issues, recommends improvements for the effectiveness of interlock programs, and includes a bibliography of resources.
Affiliation: Other
Available online: click here

Alcohol Ignition Interlocks: Magic Bullet or Poison Pill?
Gregory T. Neugebauer
Published 2002

This law review article examines some of the legal issues associated with alcohol ignition interlocks. The publication discusses the technology, examines interlock statutes and their interpretation, considers constitutional challenges to state interlock laws, and evaluates the consequences of requiring manufacturers to install interlock devices in all vehicles.
Affiliation: Other
Available online: click here

Alcohol Interlock as a Condition of License Reinstatement
Douglas J. Beirness and Herb M. Simpson
Published 2003

This report advocates making ignition interlocks a mandatory condition of license reinstatement and recommends that courts consider ignition interlocks as a form of incapacitation (not rehabilitation or punishment), ensure prompt installation after conviction, offer incentives for participation, impose impoundment/immobilization as a sanction for violation, and monitor compliance carefully.
Affiliation: Other
Available online: click here

Alcohol Interlock Programs: Enhancing Acceptance, Participation and Compliance
Douglas J. Bierness and Robyn D. Robertson
Published 2005

This report provides a summary of the presentations at the 2003 international symposium on alcohol ignition interlock programs. The symposium included sessions on Implementation issues, the Status of Interlock Programs Around the World, Problems and Solutions, Enhancing Acceptance, and Enhancing Participation and Compliance. The report also includes a section outlining some of the common ideas and themes that emerged from discussions in the workshop sessions.
Affiliation: Other
Available online: click here

Best Practices for Alcohol Interlock Programs
Douglas J. Beirness
Published 2001

This publication discusses best practices for ignition interlock programs, such as: viewing the interlock program as coordinated activities designed to ensure that participants do not drink and drive; an interlock device certified to meet or exceed established performance specifications; a reliable interlock service provider; mandatory participation; regular monitoring of offenders; linking duration of participation to an individuals success in the program; and, integration of the interlock program with other DWI sanctions and programs, particularly rehabilitation.
Affiliation: Other
Available online: click here

Driving While Intoxicated Tracking Systems Volume 2: State Tracking System Descriptions
National Highway Transportation Safety Administration
Published 1997

This volume compiles descriptions of seven states' respective driving while intoxicated (DWI) tracking systems. The descriptions include the state's judicial sanctions, administrative actions, system stakeholders, and a brief summary of its DWI tracking system and design development.
Affiliation: Government
Available online: click here

DUI/Drug Courts: Defining a National Strategy
National Drug Court Institute
Published 1999

According to this report, wide-scale implementation of courts offering a treatment-based approach to DUI cases could be the next important step in a challenging series of initiatives that have brought about remarkable reductions in both DUI arrests and alcohol-related traffic deaths in the last several decades. The report compares DUI and drug court practices, examines the mission of DUI and drug courts, recommends development of a national strategy for DUI and drug courts, and describes various DUI court programs around the country.
Affiliation: Other
Available online: click here

Evaluation of a Day Reporting Center for Repeat DWI Offenders
R.K. Jones and J.H. Lacey
Published 1999

This report for NHTSA describes and evaluates the effectiveness of a Day Reporting Center (DRC) in Maricopa County, Arizona at reducing the DWI recidivism of repeat DWI offenders. The report examines the effect of the DRC program in reducing the cost of post-conviction sanctioning operations, and in relieving the pressures on jail facilities in carrying out the court-imposed sanctions. This study found that the DRC program was no more effective in reducing recidivism than was a comparison standard probation program in use by the study jurisdiction, but the DRC program was more cost-effective and helped reduce pressure on an already over-taxed county jail system.
Affiliation: Government
Available online: click here

Evaluation of Alternative Programs for Repeat DWI Offenders
R.K. Jones, C.H. Wiliszowski and J.H. Lacey
Published 1996

This document reports the results of a study for NHTSA comparing the effectiveness of two alternative sanctions programs for repeat DWI offenders. They were an Intensive Supervision Probation program in Milwaukee County, Wisconsin and an Electric Monitoring Program in Los Angeles County, California. The study found that both programs were effective at significantly reducing DWI recidivism from the traditional sanctions programs. Both programs also offered the promise of significant cost savings over incarceration.
Affiliation: Government
Available online: click here

Evaluation of an Individualized Sanctioning Program for DWI Offenders
R.K. Jones and J.H. Lacey
Published 1998

This study for NHTSA evaluates two different approaches to sentencing DWI offenders in Georgia. One approach (called the "Todd Program") imposed individually-tailored combinations of traditional and alternative sanctions, and the other approach generally imposed only the minimum sanctions required by state law. The measure of effectiveness was the statewide DWI recidivism of the offenders studied. The evaluation found that the Todd Program was more effective by a wide margin than the sentencing program that imposed the minimum sanctions. It was concluded that the Todd Program approach to DWI sentencing could be used in other jurisdictions.
Affiliation: Government
Available online: click here

Evaluation of the Efficacy of Ignition Interlock in California
Leonard Marowitz
Published 1999

This publication describes the current state of California law governing the use of ignition interlock devices as a countermeasure to DUI. The report considers whether changes in the statewide ignition interlock law since its enactment in 1990 will reduce DUI recidivism.
Affiliation: Government
Available online: click here

Hardcore Drunk Driving Judicial Guide
National Association of State Judicial Educators
Published 2004

This judicial guide outlines effective strategies and model programs for judges facing hardcore drunk drivers. Emphasizing the need for appropriate sentencing, this publication suggests that judges: recognize high BAC as an indicator of hardcore drunk driving; restrict plea bargaining and diversion programs; mandate alcohol assessments and evaluations; impose meaningful fines; employ the use of vehicle sanctions, ignition interlock devices, and intensive monitoring, supervision, and probation; and avoid substituting community service for harsher sanctions, among other things.
Affiliation: Judicial
Available online: click here

Impaired Driving on Trial
Governor's Council on Impaired and Dangerous Driving
Published 2003

Impaired Driving on Trial is a project to aid judges in understanding the science behind impaired driving, in order to more effectively adjudicate impaired drivers. The website is of particular interest to judges because it is guided by judicial feedback about the content, format and usefulness of the site. The web site provides up-to-date information about alcohol and other drugs, judicial sanctioning of impaired drivers, and sentencing of impaired drivers.
Affiliation: Government
Available online: click here

Impaired Driving: Drugs & Alcohol: Resource Guide
National Center for State Courts
Published 2003

This module provides resources on drug- and alcohol-related impairment, including resources on DUI laws, attitudes toward DUI, DUI facts, prevention materials, enforcement/prosecution, treatment, and model DUI courts.
Available online: click here

On DWI Laws in Other Countries
National Highway Transportation Safety Administration
Published 2000

This report for NHTSA compares impaired driving laws from countries around the world in order to better understand what countermeasures are most effective. The report focuses on the following types of laws: illegal blood alcohol content (BAC) levels for various classes of drivers; the minimum purchase age for alcohol; age of driving licensure; standard sanctions for first and multiple offenses;the imposition of more severe sanctions for drivers with higher BACs; graduated licensing systems; and systems for the regranting of licenses.
Affiliation: Government
Available online: click here

Pathfinder for Research of Alcohol Law in the United States
Colette LaFond, J.D.
Published 2000

This publication is a guide to researching governmental control over alcoholic beverages in the United States. The guide provides primary and secondary sources of law for researching a wide variety of state and federal alcohol issues.
Affiliation: Other
Available online: click here

Promising Practices and Strategies to Reduce Alcohol and Substance Abuse Among American Indians and Alaska Natives
Ada Pecos Melton
Published 2000

This publication reviews the promising efforts of Indian nations to reduce alcohol and substance abuse among their people. The three sections of this publication provide information on current programs, literature, and other resources. Section I, on current programs, describes the efforts of nine different tribal and non-tribal programs, including a detailed discussion of the Poarch Creek Indian Nation Drug Court Program, which includes DUI and other alcohol related offenses. This section also includes descriptions of the problem to be addressed, the program and strategies used, administrative support, results and outcomes, points for replication, and a contact person you may call for additional information.
Affiliation: Government
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
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 "Certain Punishment." The section addresses prosecution of DUI cases and issues in adjudication, including test refusal, failure to appear, records, pre-sentence investigations, DWI courts and diversion programs. It also addresses sentencing objectives and factors that influence sentencing, including court monitoring, plea bargaining and judicial DUI seminars. The section covers a range of driver-based sanctions, such as license restrictions, community service, victim impact panels, fines and other financial sanctions, and supervisory and probation programs. It also covers vehicle-based sanctions, including registration cancellation, license plate seizure, immobilization and impoundment.
Affiliation: Other
Available online: click here

Specialized and Problem-Solving Courts--Trends in 2002: DUI Courts
Ann L. Keith
Published 2002

This article from the National Center for State Courts describes eight DUI court programs around the country. Although some features of DUI courts are ubiquitous, such as the treatment requirement, an examination of multiple DUI courts gives judges an appreciation of the variety of approaches available to courts working with DUI offenders.
Affiliation: Judicial
Available online: click here

State of the Knowledge of Alcohol and Traffic Safety
National Highway Transportation Safety Administration
Published 2002

In order to demonstrate what is known about alcohol, DUI, and the effectiveness of DUI countermeasures, this publication reviews the scientific literature published since 1990 on alcohol related crashes, alcohol's effects on the body and resulting driving impairment, drinking and driving patterns, and programs to deter impaired driving.
Affiliation: Government
Available online: click here

Strategies for Addressing DWI Offenders: 10 Promising Sentencing Practices
National Highway Traffic Safety Administration
Published 2005

This document was produced as a result of the Sentencing Summit held at the National Judicial College in March 2004. It provides innovative sentencing strategies for judges who hear DWI cases, including use of DWI Courts, Staggered Sentencing, Sentencing Circles, Vehicle and License Plate Sanctions, Ignition Interlock Devices, Electronic Monitoring and SCRAM, Victim Impact Panels, Cognitive Behavioral Therapy, Drug Therapy, and Reentry Courts and Programs.
Affiliation: Government
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
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
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
Available online: click here

The Future of Drug Courts
Center for Court Innovation
Published 2004

This paper looks closely at how several states (Louisiana, Missouri, New York and Ohio) are creating statewide plans to support the ongoing implementation of drug courts and the broad dissemination of drug court principles. The paper offers valuable lessons for anyone interested in how to move from small-scale experiments to system-wide court reform.
Affiliation: Other
Available online: click here

Judicial Outreach

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
Available online: click here

Offender Impact

Alcohol Highway Safety: Problem Update
R.K. Jones and J.H. Lacey
Published 1998

This report for NHTSA examines literature and data on selected alcohol-crash targets or problems that became available since the November 1989 State of Knowledge review until April 1998. Specifically, this 1998 update addresses research since the 1989 review dealing with characteristics of drinking-drivers and drinking-driving that are associated with increased levels of alcohol-crash risk and/or alcohol-crash incidence.
Affiliation: Government
Available online: click here

Alcohol Involvement in Fatal Crashes: Comparison Among Countries
Kathryn Stewart
Published 2001

This report for NHTSA describes the different definitions of key elements in the measurement of alcohol involvement in crashes in 20 different countries.
Affiliation: Government
Available online: click here

Ethnicity and Alcohol-Related Fatalities from 1990-1994
Robert B. Voas, A. Scott Tippetts and Deborah A. Fisher
Published 2000

This report for NHTSA compares the relative involvement of ethnic groups in all fatal crashes. The researchers compared the percentage of each ethnic group's fatal crashes that are alcohol-related, in order to minimize the significance of variations in vehicle miles of travel (VMT), a statistic for which there is little data. Data are corrected for differences between ethnic groups in age distribution and gender. These data, as well as the distribution of drivers, passengers, and pedestrians-cyclists among ethnic groups are provided in tables. Also shown in tables are the relationship of the driver drinking at the time of the crash relative to safety belt usage, license status, prior DUIs, number of passengers, and age of vehicle.
Affiliation: Government
Available online: click here

Evaluation of Changes in New Mexico's Anti-DWI Efforts
John H. Lacey and Ralph K. Jones
Published 2000

This study for NHTSA is an assessment of the effects of the introduction of omnibus anti-DWI legislation in New Mexico in the later half of 1993 and the beginning of 1994. New Mexico further initiated an extensive statewide DWI checkpoint initiative in December 1993. Although the specific effect of each individual component on alcohol-related crashes could not be discerned because of multiple, simultaneous interventions, time series analyses indicated an overall reduction on the order of 19% in drunk driving fatal crashes (a crash where one of the involved drivers had a BAC of .10 or more) when the period December 1993 through 1995 is compared with January 1988 through November 1993. Crash trends in five neighboring states were examined as a comparison and no such reduction was observed.
Affiliation: Government
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
Available online: click here

Examination of DWI Conviction Rate Procedures
Ralph K. Jones, Connie H. Wiliszowski and John H. Lacey
Published 1999

This report for NHTSA summarizes how DWI conviction rates are calculated. Arrest and conviction data were obtained from ten sites along with information and opinions from local officials on how DWI conviction rates should be calculated. When rates or calculation methods were released, calculation methods differed among the sites, and the type of conviction rate quoted was largely a function of the type of agency doing the quoting and the data available to that agency. Plea bargains, speedy trial laws, offenders who fail to appear, and pre-trial diversion practices can affect the DWI conviction process. Although it would seem that a state-wide, complex system would be necessary to provide all the data required to provide a system-wide conviction rate, the smallest site included in the study proved that, with cooperation from all the organizations involved, an effective system can be set up in any jurisdiction.
Affiliation: Government
Available online: click here

Motivating Anti-DWI Behavior Using Existing Values
National Highway Transportation Safety Administration
Published 1995

Arguing that the problem of impaired driving will not be solved until there is a social norm prohibiting people from drunk driving, this publication suggests that an effective way of discouraging impaired driving is to build on already existing personal values. According to this research study, efforts to prevent drunk driving should emphasize family and friends, health, and accomplishments, because they topped the list of things most valued in life. The research then discusses specific values-based approaches to preventing DUI.
Affiliation: Government
Available online: click here

Relative Risk Calculated for Driver Fatalities in Alcohol-Related Crashes
National Highway Transportation Safety Administration
Published 2000

Using a variety of methodologies, this report establishes the relative risk of being killed as a driver in a single vehicle crash according to BAC, age, and gender. The report confirms that driving under the influence of alcohol at BAC levels below .10 percent is very dangerous and that reducing BAC limits from .10 percent to .08 percent is an effective method of saving lives for all age groups and genders.
Affiliation: Government
Available online: click here

Traffic Safety Facts 2002: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System
National Highway Transportation Safety Administration
Published 2004

In this report, NHTSA presents descriptive statistics about traffic crashes of all severities, from those that result in property damage to those that result in the loss of human life. Although the report is not solely focused on alcohol and driving, considerable attention is paid to these issues throughout the report. The statistics describe general characteristics of crashes; the types of vehicles involved in crashes; vehicle damage; and the drivers, passengers, pedestrians, and pedalcyclists involved.
Affiliation: Government
Available online: click here

Volume 2: Methods Report - Racial and Ethnic Group Comparisons; National Surveys of Drinking and Driving Attitudes and Behavior: 1993, 1995, and 1997
Dawn Royal
Published 2001

Differences in drinking and driving attitudes and behaviors among diverse groups of persons (i.e., White, Black, Asian, American Indian/Eskimo and Hispanic) were examined by pooling data from the 1993, 1995, and 1997 administrations of the NHTSA's National Survey on Drinking and Driving Attitudes and Behavior. This report for NHTSA describes the methods used to conduct the interviews and analyze the data. It also contains a copy of the most recent questionnaire.
Affiliation: Government
Available online: click here

Volume I: Findings - Racial and Ethnic Group Comparisons; National Surveys of Drinking and Driving Attitudes and Behavior: 1993, 1995 and 1997
Dawn Royal
Published 2000

This report for NHTSA analyzes respondents' behaviors and attitudes on the frequency of drinking and driving, general attitudes regarding the problem, enforcement, legal limits, prevention, and crash and injury experience. Differences in drinking and driving attitudes and behaviors among diverse groups of persons, (i.e., White, Black, Asian, American Indian/Eskimo and Hispanic), were examined by pooling data from the 1993, 1995, and 1997 administrations of the NHTSA's National Survey on Drinking and Driving Attitudes and Behavior.
Affiliation: Government
Available online: click here

Officer Activity

Pre-Trial and Trial Matters

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
Available online: click here

Sentencing

DUI Best Sentencing Practices Guidebook
Mike Haddon, Gary Franchina, and Ron Gordon
Published 2004

This guidebook, written for the Utah Sentencing Commission, describes best practices for sentencing DUI offenders. The book specifically addresses best practices for incarceration, probation, electronic monitoring, ignition interlock, community service, fines, screening and assessment, education and treatment, victim impact panels, and license suspensions and revocations. The Guidebook emphasizes that there is no sentencing "silver bullet" and that the sanctions and interventions imposed in DUI cases must be tailored to each offender.
Affiliation: Government
Available online: click here

Sentencing Options

Effects of Ignition Interlock License Restrictions on Drivers with Multiple Alcohol Offenses: A Random Trial in Maryland
K.H. Beck, W.J. Rauch, E.A. Baker, and A.F. Williams
Published 1999

This study tested the effectiveness of an ignition interlock program for drivers with multiple alcohol-related traffic offenses. The study compared the arrest rates of offenders who participated in an ignition interlock program and those who did not. The alcohol traffic violation rate during the program was significantly less for participants in the interlock program than for the others, but there was no statistically significant difference after the interlock license restriction was lifted. This study is available from the American Journal of Public Health at the web site below.
Affiliation: Other
Available online: click here

Seizing Legal Aliens' Foreign Driver's Licenses for Impaired Driving Convictions
American Prosecutors Research Institute
Published 2001

This article discusses a judge's ability to revoke a legal alien's foreign driver's license for an impaired driving conviction.
Affiliation: Prosecution
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 "Certain Punishment." The section addresses prosecution of DUI cases and issues in adjudication, including test refusal, failure to appear, records, pre-sentence investigations, DWI courts and diversion programs. It also addresses sentencing objectives and factors that influence sentencing, including court monitoring, plea bargaining and judicial DUI seminars. The section covers a range of driver-based sanctions, such as license restrictions, community service, victim impact panels, fines and other financial sanctions, and supervisory and probation programs. It also covers vehicle-based sanctions, including registration cancellation, license plate seizure, immobilization and impoundment.
Affiliation: Other
Available online: click here

The Ignition Interlock System: An Evidentiary Tool Becomes a Sentencing Element
Andrew Fulkerson
Published 2003

This article considers the evolution of DWI laws and technology, focusing on how the ignition interlock device has changed from an evidentiary tool to a sentencing element. The article suggests that ignition interlock devices effectively reduce DWI recidivism because they do not depend on the motivation of the offender, but simply prevent offenders from drinking and driving by intervening between the offender and the vehicle.
Affiliation: Judicial
Available online: click here

Societal Impact

State Alcohol Related Fatality Rates
Dennis Utter, Rajesh Subramanian, and William Deutermann
Published 2002

This report for NHTSA examines the extent of alcohol related fatalities in traffic crashes across states and over time and estimates the rate of alcohol related fatalities as a measure of the States Vehicle Miles Travelled. This estimate will help states evaluate the effectiveness of their drunk-driving countermeasures.
Affiliation: Government
Available online: click here

Traffic Safety Facts 2002: Alcohol
National Highway Transportation Safety Administration
Published 2004

Using multiple imputation to estimate missing information about blood alcohol concentration (BAC) levels for persons involved in fatal crashes, this report provides extensive statistics on alcohol-related driving fatalities.
Affiliation: Government
Available online: click here

Statutory Rights

Testing of Body Samples

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
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
Available online: click here

Toxicology

Alcohol and Highway Safety 2001: A Review of the State of Knowledge
R.K. Jones and J.H. Lacey
Published 2001

This report is a comprehensive review of the state of knowledge of alcohol-impaired driving. The review covers scientific literature published since 1990 on the nature of the societal problem created by alcohol-impaired driving, as well as the effects of programs that have addressed that problem. The report also includes an extensive bibliography containing references cited in the review and other pertinent documents.
Affiliation: Government
Available online: click here

Marijuana & Alcohol Combined Increase Impairment
National Highway Transportation Safety Administration
Published 1999

This NHTSA study assessed the separate and combined effects of marijuana and alcohol on real driving performance. The study tested drivers' reaction time, as well as ability to maintain a constant speed, a steady position in a traffic lane, and an appropriate distance behind an accelerating and decelerating vehicle. The study found that THC alone, and alcohol alone, significantly impaired performances on the road tests, but that combining moderate amounts of marijuana and alcohol severely impaired performance on all tests, so that drivers functioned as though they had a 0.14 BAC.
Affiliation: Government
Available online: click here

Marijuana & Alcohol Together Reduce Visual Search Frequency
National Highway Transportation Safety Administration
Published 2000

This NHTSA study assessed the effects of low doses of marijuana and alcohol, and their combination, on visual searches for oncoming traffic at intersections, as well as general driving proficiency in a city driving test. The study found that the effects of low doses of marijuana and alcohol on city driving proficiency and visual searches for traffic were minimal when taken alone, but potentially dangerous for traffic safety when combined.
Affiliation: Government
Available online: click here

Types of Body Sample Tests

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
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
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
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
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
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
Available online: click here

Types of Field Sobriety Tests

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
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
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
Available online: click here

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
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
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
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
Available online: click here

Under Age 21 DUI Offenses

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
Available online: click here

Victim Impact

Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Testing of Body Samples
Charging of Offense
Pre-Trial and Trial Matters
Sentencing
Courts and DUI
Impact of DUI

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