Prosecution of the Alcohol-Impaired Driving Case

This chapter will discuss that driving under the influence (DUI) is a charge that is becoming more and more visible in our culture. This is due in part to efforts to educate the public on the dangers of impaired driving by community-based organizations and government agencies. The prosecution of alcohol-impaired driving cases varies from jurisdiction to jurisdiction due to the unique elements of each state’s law. The core of alcohol-impaired driving statutes focus on determining whether a person drove a vehicle, whether a person was on a public road and whether or not the person was impaired while driving. In 1992, the National Highway Traffic Safety Administration (NHTSA) recommended that all states lower the illegal level of alcohol to 0.08% blood alcohol content (BAC) for all drivers 21 years and older. In addition to establishing 0.08 BAC as a level of impairment, the majority of states also provide the prosecutor with an alternate theory to prove a person is under the influence of alcohol which focuses on the driver’s mental and physical abilities. It is not always about the BAC level; some people are impaired and a danger to others when their BAC is less than the per se level of impairment. There are also circumstances in which there is no chemical test available for proving impairment, either because no chemical tests was obtained or the results of the test were excluded from consideration by the judge in a motion hearing. In cases such as this, most states provide an alternate legal standard for proving a person is impaired by alcohol.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/isbn/9781933264585
• Corporate Authors:

  Lawyers & Judges Publishing Company, Incorporated

  P.O. Box 30040
  Tucson, AZ  United States  85751-0040
• Authors:
  • Anderson, Mary F
• Publication Date: 2008

Language

• English

Media Info

• Media Type: Print
• Edition: Fifth
• Features: References;
• Pagination: pp 379-386
• Monograph Title: Garriott's Medicolegal Aspects of Alcohol

Subject/Index Terms

• TRT Terms: Alcohol effects; Alcohol use; Blood alcohol levels; Drunk driving; Highway safety; Human factors in crashes; Impaired drivers; Legal action; Legal factors
• Subject Areas: Highways; Safety and Human Factors; I83: Accidents and the Human Factor;

Filing Info

• Accession Number: 01164899
• Record Type: Publication
• ISBN: 9781933264585
• Files: TRIS
• Created Date: Aug 16 2010 9:11AM