This article which considers DUI (Driving Under the Influence) a serious offense, observes that "impairment" is an opinion and describes how alcohol affects different people. The difficulty of the determination of impairment is noted. The invention and use of the breathalyzer are noted. The presumption of guilt and the illegal per se laws are discussed. The question of refusing to submit to breath-testing is also discussed. The procedural protection of the due process clause mandated by the fourteenth amendment and its application to driver license suspension is considered. It is noted that stiff penalties do not have a sustained impact and possible alternative solutions are recommended. These recommendations relate to the training of police officers, training of breathalyzer operators, maintenance requirements for breathalyzers, the presumption of guilt, blood sampling, assumptions by judges and prosecutors, the education of youngsters about alcohol handling, the rules of evidence, plea bargaining, insurance, driving under suspension, and jail sentences.

  • Availability:
  • Corporate Authors:

    Association of Trial Lawyers of America

    1050 31st Street, NW
    Washington, DC  United States  20007
  • Authors:
    • Joye Jr, R I
  • Publication Date: 1983-6

Media Info

  • Features: References;
  • Pagination: 8 p.
  • Serial:
    • Trial
    • Volume: 19
    • Issue Number: 6
    • Publisher: Association of Trial Lawyers of America
    • ISSN: 0041-2538

Subject/Index Terms

Filing Info

  • Accession Number: 00385587
  • Record Type: Publication
  • Source Agency: National Highway Traffic Safety Administration
  • Report/Paper Numbers: HS-035 863
  • Files: HSL, TRIS, USDOT
  • Created Date: May 30 1984 12:00AM