This section includes topics regarding the methods and processes in the judicial system involved with bringing persons and evidence forward to be heard in impaired driving cases and proceedings.
Defense motions and requests for continuances can result in delaying a case from reaching a resolution. Without appropriate docket control, these delays can increase the likelihood of a case dismissal or acquittal for repeat and hard core offenders.
Simply failing to appear for trial is another tactic commonly employed by those accused of DUI. Unless the case is a felony, in most states there will be no effort to serve a bench warrant that may issue after the failure to appear.
Plea agreements are negotiated settlements between the prosecution and defense that can result in reductions of the charge and/or sentence.
The length of time offenses remain on a driver’s record (often called a ‘look-back period’) is a key issue in identifying hardcore alcohol-impaired drivers.
Heavy caseloads in busy metropolitan or county level courts are another impediment to the effective enforcement of a state’s DUI laws.
DUI/Drug Courts are separate docket dedicated to changing the behavior of alcohol/drug dependent offenders arrested for DUI. The goal of these courts is to attack the root cause of DUI: alcohol and other drug abuse, thereby reducing recidivism.