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Examine Issues with Prosecuting Driving-Under-the-Influence-of-Drugs Cases

Deep dive with experienced prosecutors regarding prosecuting DUID cases
  • Client
    National Highway Traffic Safety Administration
  • Dates
    September 2019 - September 2024

Challenge

Prosecutors have difficulty in obtaining convictions in DUID cases. 

 

The National Highway Traffic Safety Administration (NHTSA) was looking to uncover and examine the critical issues and challenges with prosecuting DUID cases and describe some of the strategies prosecutors have used to overcome these issues. The goal was to increase prosecutors’ ability to develop strong DUID cases, which would lead to convictions for appropriate DUID offenses.

 

A report from this effort would then be helpful to prosecutors, drug recognition experts (DREs), toxicologists, traffic law enforcement officers, judges, State Highway Safety Office personnel, and other highway safety and public health officials.

Solution

Conduct interviews with experienced and expert prosecutors to yield the most salient and valuable information.

 

Due to COVID-19 restrictions and other delays, the original approach was modified. Some court records were collected and reviewed for information on prosecutorial challenges and successes, and nine expert prosecutors were interviewed.

Results

Prosecutors agreed upon five strategies to overcome barriers in prosecuting DUID.

 

Of the nine expert prosecutors interviewed, a consensus on key strategies emerged:

  1. Evidence of impairment is the most compelling and witnesses must be able to articulate impairment beginning with driving behavior, reasonable suspicion for the stop, probable cause for the arrest, and the request for a blood test. 
  2. Pre-trial conferences to review evidentiary testimony should be held with the investigating officers, the DRE, the toxicologist, and any other key witnesses who can articulate evidence of impairment.
  3. Jury selection must focus on the evidence of impairment by addressing areas subject to defense attacks particularly the use of prescription drugs or cannabis to educate the jury on the facts and the law and uncover any bias or misconceptions about impaired driving from these drugs.
  4. Make available and enhance training for judges, prosecutors, and law enforcement personnel on the research and rigor of SFST and DRE procedures, and drug pharmacology for prescription drugs and cannabis. Conduct joint training for prosecutors and law enforcement officers. Provide CLE credit for prosecutors for SFST, DRE, and ARIDE training.
  5. Consult Traffic Safety Resource Prosecutors (TSRPs), DREs, and toxicologists during case preparation before trial and use their expertise and resources to analyze cases better, overcome defense arguments, and respond to judicial reluctance to accept complex DUID evidence.

 

Some court records were also collected and reviewed for information on prosecutorial challenges and successes.  These court records ended up not being as useful as the records documented decisions by judges and did not provide details to determine the challenges faced by prosecutors. 

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