NCJ Number
129948
Journal
New England Journal on Criminal and Civil Confinement Volume: 16 Issue: 2 Dated: (Summer 1990) Pages: 209-220
Date Published
1990
Length
12 pages
Annotation
Defense attorneys and civil rights groups are more likely to succeed in persuading State legislatures and police departments to recognize the right of a person accused of driving under the influence (DUI) to have an independent blood alcohol test, because State courts have been unwilling to recognize the existence of such a constitutional right.
Abstract
However, no movement exists to repeal existing State laws that recognize this right. Such laws are particularly needed as efforts to detect, deter, and punish intoxicated drivers increase. These laws rest on the constitutional right of criminal defendants to obtain evidence of an exculpatory nature that would raise a reasonable doubt about their guilt. These laws would recognize that protecting civil rights and vindicating innocent persons is as much in the public interest as is punishing the guilty. They would permit independent tests whether or not the police administered a test and even if the suspect refused to take a police-administered test. Such laws should include the duty of police officers to inform DUI suspects of this right, thereby expanding Miranda rights. 33 footnotes