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DRUGGED DRIVER: A PROSECUTOR'S NIGHTMARE OR CHALLENGE?

NCJ Number
144302
Journal
Prosecutor Volume: 27 Issue: 3 Dated: (July-August 1993) Pages: 21-29
Author(s)
E A P Westfall
Date Published
1993
Length
9 pages
Annotation
The use of drugs other than alcohol has an impact on highway safety. But because the drug-impaired case will not be tried in the same way as a case involving an alcohol-impaired driver, prosecutors must be familiar with the problems unique to drug cases, including pretrial preparation and trial tactics.
Abstract
The pharmacological complexity of illegal drugs creates the primary difference between the alcohol- and drug-impaired case. Drug use cannot be easily identified through breath samples, as can alcohol consumption. Many drugs have complex chemical structures which inhibit accurate dose-response relationships or correlations between fluid and tissue drug levels with behavioral effects. Interpretations are further complicated by the effects of pharmacologically active metabolites, the potential for performance enhancement by certain drugs, and individual sensitivity. The Drug Evaluation and Classification (DEC) process is a post-arrest investigative procedure in which the presence of drugs in a suspect is narrowed down to certain broad categories. The process includes a breath alcohol test, interview of arresting officer, preliminary exam, examination of the eyes, divided attention psychosocial tests, darkroom exam, vital signs exam, exam of muscle tone and injection sites, suspect's statement, opinion of the evaluator, and toxicological exam. Pretrial preparation involves law enforcement training, reviewing the evidence, and preparing the witnesses. Once DEC evidence is admitted, the prosecutor uses the voir dire, statements, and examination to demonstrate the impairment using observations of the law enforcement officers, opinions of drug recognition experts (DREs), and laboratory tests. 24 notes

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