Challenges and Defenses II: Claims and Responses to Commmon Challenges and Defenses in Driving While Impaired Cases.

摘要

DUI cases have become some of the most complex in the criminal justice system. As a result, defense challenges are being raised more frequently and are more procedural and scientific in nature. These challenges range from the initial law enforcement stop of the vehicle to the testing procedures used to determine alcohol concentration in blood, breath, and urine samples to possible alternative explanations for those results. This monograph was developed to assist prosecutors and law enforcement in understanding the nature of these challenges. It will assist prosecutors in formulating effective responses to these newer challenges and defenses and include drugged driving, alternative explanations to breath test results, blood draws and testing, scientific uncertainty, and computer source code discovery requests.