Drinking/Driving Law & Procedure

Week 1: The Legal Offense of Drinking/Driving

1. The Legal Environment
1. Uniqueness of DUI
2. The Constitutional Exceptions
2. The Basic Offense
   1. Under The Influence Count
   1. Driving/Operating/In Control/In Physical Control
   2. Vehicle
   3. On a highway
   4. While Intoxicated/Under the Influence/Impaired
      Terms are further defined by case law
      Very important to note difference between impairment and BAC
   5. Presumptions of intoxication/impairment from BAC
      * Always rebuttable presumption?
      * Question: does this reduce the jury's power?
   2. Per Se Count
      1. Start with federal statute mandating .08
      2. Only Colorado has not adopted .08
      3. WV adopted 0.08 "under protest"
3. Offenses Based On Driver's Identity
   1. Zero Tolerance Offense (Driver Under 21)
   2. Lower Threshold Offense (Driver Under 21)
      1. Ex.: California's .05 offense for driver's under 21
   3. Commercial Driving Offense (Commercial Driver)
      1. Federal Motor Carrier Safety Improvement Act of 1999
      2. Kansas was 1st to adopt federal restrictions
4. Drug Driving Offenses
   1. Driving Under the Influence of Drugs
      1. Some states incorporate drugs into their basic offense
      2. Some states have separate DUI-Drugs law
   2. Driving While Addicted To Drugs
5. Enhanced Offenses
   1. Drinking/Driving Causing Bodily Injury
   2. Drinking/Driving With Children In Car
   3. Drinking/Driving With Prior Convictions
6. Homicide Offenses
   1. Manslaughter
   2. Murder
7. Laws on the Horizon
   1. 0.08% nationwide per se limit with goal of 0.05%
   2. Lifetime "lookback" period--California SB 169