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Consequences for Refusing to Submit to Blood Alcohol or Field Sobriety Tests

As chemical testing has evolved into a much relied on prosecution tool, ''implied consent'' laws have evolved to defeat the drunk driver's inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished.

Criminal Offense of Attempting to Elude

It is against the law to attempt to elude a police officer by willfully failing to stop a vehicle if the officer gives you an audible or visual signal to stop and the police officer is in uniform, prominently displaying a badge or other insignia. If a police officer is in an appropriately marked official police vehicle when he or she gives the signal stop, whether or not the officer is in uniform, the vehicle driver may not attempt to elude the officer by willfully failing to stop the vehicle.

Overview of Open Container Laws

In 1998, as part of the Transportation Equity Act for the 21st Century Restoration Act, a federal program was created to encourage states to enact laws prohibiting the possession of alcohol in the passenger areas of motor vehicles. The federal program essentially provided that if states did not enact the so-called "open-container" laws, the states would be subject to a penalty transfer of federal highway construction funds to the state's safety grant program. Since the passage of the federal act, the vast majority of states have passed "open-container" laws that satisfy the federal requirements.

Use of Audio & Visual Evidence in Drunk Driving Cases

Audio and visual evidence is evidence that appeals to our auditory and visual senses. In other words, it is evidence that we can see or hear. Videotapes and photographs are examples of visual evidence. A voice recording is an example of audio evidence. Audio and visual evidence is often used in drunk driving cases.

Uses of Detection Devices in Speeding Offenses

In a prosecution for speeding, the prosecutor has the burden of proving each and every element of the case by competent and credible evidence. Normally, the proof will be obtained by the prosecutor from the testimony of the officer. The basic testimony will convey a visual observation or independent estimate of speed made by the officer, corroborated by a calibrated speedometer reading or calibrated radar unit readout. There are essentially five ways for law enforcement officers to determine speed: (1) pacing the motorist's vehicle with the officer's patrol car; (2) obtaining a time-distance measurement with manually activated time; (3) obtaining a time-distance measurement with automatically activated time distance devices; (4) radar; and (5) laser devices.