dui trial delayed by prosecution

[quincy]

It depends on the officer and the jurisdiction. We've been making non-test DUIs out here for decades.

I don't know if that is reassuring or not.

 

[CdwJava]

I don't know if that is reassuring or not.

Well, since compelling blood is more difficult now given the USSC ruling last year, more cases are likely to revolve around an officer's training and experience. As a DRE I have been making non-test DUIs for about 16 years and have never, yet, lost a DUI or drug influence case ... ever - even without a test. In some counties in CA they don't even take chemical tests (blood or urine) for non-DUI under the influence (drugs) cases because of the expense, so they rely on the officer's observations.

 

[quincy]

Well, since compelling blood is more difficult now given the USSC ruling last year, more cases are likely to revolve around an officer's training and experience. As a DRE I have been making non-test DUIs for about 16 years and have never, yet, lost a DUI or drug influence case ... ever - even without a test. In some counties in CA they don't even take chemical tests (blood or urine) for non-DUI under the influence (drugs) cases because of the expense, so they rely on the officer's observations.

Interesting. I find it a bit disturbing ... but interesting.

 

[CdwJava]

Interesting. I find it a bit disturbing ... but interesting.

The alternative would be to allow a refusal to equal an acquittal. The fact is, one merely has to show impairment on a controlled substance or alcohol, and that can be done without a chemical test. Signs, symptoms, and odor (particularly for alcohol) can all point to influence, and observations of impairment including FSTs can be part of the equation.