Citation

Fields M. Transp. Res. Circular 2000; (E-C020): C1-C12.

Copyright

(Copyright © 2000, U.S. National Academy of Sciences Transportation Research Board)

DOI

unavailable

PMID

unavailable

Abstract

The objective of this paper is to provide a brief overview of constitutional and other legal issues relating to the detection of impaired drivers. For convenience sake, it is written with regard to alcohol impairment, but the legal issues discussed apply to impairment by other drugs. Within the framework of the U.S. Constitution, detection issues give rise to concerns under the Fourth Amendment (search and seizure), the Fifth and Fourteenth Amendments (due process), the Fifth Amendment (self-incrimination), and the Sixth Amendment (right to counsel). Other legal issues include state constitutional law, which may be more protective of defendants' rights than the federal Constitution, and state statutory and common law, all of which vary considerably by jurisdiction and even within jurisdictions. It is not possible within the scope of this paper fully to address each issue. At best, the major issues are put into perspective, and the lesser issues are identified.