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Citation
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National Traffic Law Center, Bryant S, Garner S, Miles A, Olson J, Peterson J, Petty V, Ryerson D, Schluck A, Smith R, Walls L. National District Attorneys Association. Arllington, VA USA: National Traffic Law Center, National District Attorneys Association, 2022. |
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Abstract
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A 2020 study of seriously or fatally injured road users at five trauma centers in the United States found that 65% of drivers involved in serious injury and fatal crashes tested positive for at least one drug.1 The detection and prosecution of impaired driving cases requires specialized knowledge and skill to combat the unique challenges and defenses presented. An officer or a prosecutor willing to take on this difficult task can keep impaired drivers off the roadways, thereby preventing deaths and injuries and positively impacting public safety.
Prosecutors are frequently challenged by impaired driving cases due to the complexity of the scientific evidence involved. New and/or inexperienced prosecutors often face a highly-trained and specialized defense bar that is well- versed in impaired driving case law and who use well-established tactics to defend their clients. An impaired2 driving prosecutor must understand the science, law enforcement detection training, and terminology—knowledge and skills that were never taught in law school. To successfully prosecute an impaired driving case, a prosecutor will need to effectively examine expert witnesses—both for the State and the defense. This requires proper preparation to be effective. An impaired driving prosecutor will also need to develop skills to properly present these cases to jurors; jurors that may possibly be sympathetic to an impaired driving defendant.
To help prosecutors prepare for the difficult challenges and defenses presented in impaired driving cases, the National Traffic Law Center (NTLC) has previously published two monographs. Overcoming Impaired Driving Defenses,3 published in 2003 thanks to a contribution from a charitable foundation, discusses such defense challenges as invalid traffic stops, arrests and Miranda issues, as well as common trial tactics of attacking the investigation, such as driving observations, personal contact, field sobriety tests and breath testing. Challenges and Defenses II, Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases, published in 2013 as part of a prior cooperative agreement with the National Highway Traffic Safety Administration, discusses defense challenges including prescription and over-the-counter medication DUIs, alternative explanations for impairment like diabetes and GERD, measurement of uncertainty, and issues surrounding blood draws and blood testing. These monographs are available for free and may be downloaded from the National District Attorneys Association Web site at www.ndaa.org.
Although many of the topics in this monograph also relate to alcohol-impaired driving, this monograph, Challenges and Defenses III, was developed to assist prosecutors and law enforcement in understanding the nature of the challenges often faced in impaired driving cases with a drug-impaired driver. It will assist prosecutors in formulating effective responses to these newer issues and include challenges relating to the toxicology witness, opinion, and report; an incomplete drug influence evaluation; recalled or expired equipment; driving proofs, or the lack thereof; and blood draws and search warrants. Additionally, this monograph discusses behavioral signs of impairment and the defense of alternative explanations relating to attention deficit-hyperactivity disorder, autism spectrum disorder, and auto-brewery. Lastly, this monograph provides suggestions to consider when faced with the unique challenge of choosing a jury in a drug- impaired driving case.4
Impaired driving cases are among the most difficult criminal cases a prosecutor can handle and are further complicated when the impairment is due to drugs.
These cases usually involve technical testimony, scientific testimony, and juror empathy. Frequently, they also involve an experienced, skilled, and knowledgeable defense attorney who has done his or her homework on this and many other cases. Hopefully, the guidance offered in this monograph will enable prosecutors to present impaired driving cases more skillfully and professionally.
1 NHTSA Traffic Safety Facts, Research Note, “Update to Special Reports on Traffic Safety During the COVID-19 Public Health Emergency: Third Quarter Data,” January 2021, DOT HS 813 069.
2 Whether impaired by alcohol, drugs, or polysubstance.
3 Available by clicking on Overcoming Impaired Driving Defenses or by visiting NDAA’s Publications page and scrolling to Traffic Law Publications at ndaa.org/resources/ publications-videos/
4 Available by clicking on Challenges and Defenses II, Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases or by visiting NDAA’s Publications page and scrolling to Traffic Law Publications at ndaa.org/resources/publications-videos/ |