DWI Prosecutor’s Handbook

NHTSA · 2007 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

The *DWI Prosecutor’s Handbook*, published in 2007 by the National Highway Traffic Safety Administration and the National Traffic Law Center, serves as a comprehensive guide for prosecutors handling Driving While Intoxicated (DWI) cases. The document addresses the unique statutory elements and evidentiary challenges inherent in DWI prosecutions, emphasizing that these cases require a thorough examination of the totality of circumstances surrounding the incident. The handbook is motivated by the need to standardize and improve the quality of DWI prosecutions, ensuring that prosecutors are familiar with state statutes, criminal procedure rules, and the specific technical aspects of evidence collection, such as breath test instrumentation and chain of custody. It underscores the importance of framing DWI incidents as criminal acts rather than accidents, particularly when crashes occur. The guide outlines a systematic methodology for case management, beginning with a preliminary case review. Prosecutors are instructed to gather extensive background information on the defendant, including driver abstracts, criminal history reports, and prior pre-sentence reports, to assess charging enhancements and sentencing options. The handbook details the specific documents required for case analysis, such as law enforcement arrest reports, laboratory submission forms, consent to search forms, and breath test reports. It emphasizes the necessity of verifying the chain of custody for physical evidence and obtaining internal laboratory control documents. For cases involving crashes, the guide recommends obtaining collision reconstructionist reports, autopsy reports, and event data recorder (EDR) information to determine fault and vehicle speed. The methodology also includes creating a detailed timeline of events and preparing a preliminary witness list, which encompasses police officers, civilian witnesses, medical personnel, and experts. Key findings and recommendations focus on rigorous case evaluation and trial preparation. The handbook advises prosecutors to verify that reasonable suspicion for the stop and probable cause for the arrest are established, and that all elements of the crime—operation and impairment—can be proven beyond a reasonable doubt. It highlights various methods for proving impairment, including standardized field sobriety tests, chemical test results, and observations of physical signs such as slurred speech or odor of alcohol. The guide stresses the importance of developing a clear case theory, such as demonstrating that the defendant made bad choices leading to loss of control. It also provides strategies for handling common defenses, managing discovery obligations, and preparing witnesses for cross-examination. Special attention is given to victim notification in crash cases, recommending early contact with victims or their families to explain the legal process and provide support resources. The significance of this handbook lies in its role as a standardized resource for enhancing the effectiveness and consistency of DWI prosecutions across different jurisdictions. By providing detailed protocols for evidence handling, witness preparation, and legal research, it aims to reduce procedural errors and strengthen the prosecution’s case. The document also highlights the importance of understanding technical terminology and utilizing expert witnesses, such as toxicologists and collision reconstructionists, to present complex evidence clearly to juries. Ultimately, the handbook seeks to ensure that DWI cases are prosecuted thoroughly and fairly, respecting both the rights of the defendant and the needs of victims, while adhering to statutory requirements and sentencing guidelines.

Key finding

The document is a procedural handbook for prosecutors and does not present empirical research findings or statistical results.

Methodology

other

Provenance

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Topics

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• dui enforcement