U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Defending The Drinking Driver

NCJ Number
103069
Date Published
1985
Length
342 pages
Annotation
Seven monographs examine issues in defending the drunk driver, with particular emphasis on legal practice in Wisconsin, North Dakota, and Minnesota.
Abstract
The first presents guidelines for questioning the examining officer concerning evidenced based on observations of the driver's driving, and physical appearance and conduct, performance of a field sobreity test, and incriminating statements. The second discusses case law covering prior conviction and enhanced-arrest issues, breath alcohol measuring devices, and the possibilities for error in breathalyzer testing. Strategies for defending driving-under the influence (DUI) cases, including pretrial motions, jury selection, and appeal procedures then are discussed and illustrated in case examples. In addition, research on the validity of breathalyzer testing is presented. The final three papers examine the DUI laws in Wisconsin, Minnesota, and North Dakota in terms of their implications for defending DUI cases. Monographs accompanied by footnotes and appendixes.