Challenges related to the collection of BAC testing results from suspected impaired drivers who require emergency medical treatment for their crash-related injuries can have major implications on evidence in DUI legal cases.
Scientific evidence plays an important role in impaired driving cases. Specialized knowledge of the science behind DUI evidence would likely prove beneficial to judges and prosecutors involved with impaired driving cases. Attorneys prosecuting or judges adjudicating these cases are encouraged to participate in professional development to learn more about the subject.
A driver who refuses chemical testing for intoxication, or who has a BAC of .08 or higher is subject to the immediate suspension of the driver’s license. Seizure of the automobile and impounded may be imposed as well.
It is critical for law enforcement to be trained to properly administer any tests and to follow procedures used to obtain evidence against an accused impaired driver. Accurately collecting and handling evidence is also imperative in these cases. Failure to do so can result in lost prosecutions and allow impaired drivers to escape conviction and court-ordered sanctions and treatment.
Jurisdictions are increasingly using in-car cameras, which include audio and video recording, as a valuable tool in impaired driving arrests. An in-car video camera can provide a compelling visual record of driving behavior prior to the stop as well as statements by the suspect and performance on field sobriety tests. This information is vital to cases involving impaired drivers.
Using technology to streamline and reduce paperwork involved in a DUI arrest can decrease the amount of time needed per traffic stop and therefore increase the number of stops and arrests an officer makes during a shift. Less time spent on paperwork/reports can also help increase DUI enforcement by officers who were once deterred by lengthy arrest processes. Reducing their workload on the administrative side can be an effective measure taken to maximize the amount of time spent enforcing the law.