THE CONSTITUTIONAL DIMENSION OF DISCOVERY IN DWI CASES

To combat the problem of the drunk driver, states have increased efforts to prosecute persons operating motor vehicles while under the influence of alcohol. Concomitant with vigorous enforcement of the law, comes the legitimate concern that the "get tough" drunk driving laws may unduly infringe upon the driver's rights. To the legal profession, this means that defendants must have an opportunity to ensure that their rights and liberties have not been wrongfully impinged. An important aspect of protecting a defendant's interest is the employment of competent counsel. This paper provides lawyers with a general discussion of the law of discovery in driving under the influence (DWI) cases. Major emphasis is on discovery of breathalizer test and reference ampoules.

• Corporate Authors:

  University of North Dakota School of Law

  Grand Forks, ND  United States  58202
• Authors:
  • Crothers, D J
• Publication Date: 1983

Media Info

• Pagination: p. 369-389
• Serial:
  • North Dakota Law Review
  • Volume: 59
  • Issue Number: 3
  • Publisher: University of North Dakota School of Law

Subject/Index Terms

• TRT Terms: Alcohol breath tests; Drivers; Drunk drivers; Drunk driving; Law enforcement; Legal factors; Legal rights
• Old TRIS Terms: Breathalyzers; Discovery; Driver rights
• Subject Areas: Highways; Law; Safety and Human Factors; Security and Emergencies; I83: Accidents and the Human Factor;

Filing Info

• Accession Number: 00391385
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-037 114
• Files: HSL, TRIS, USDOT
• Created Date: Dec 30 1984 12:00AM