A Manual for Police,
Prosecutors, and Judges

PROBLEM IDENTIFICATION
Few areas of the law impact the average citizen as much as those that pertain to Driving Under the Influence (DUI). The Arizona Supreme Court wrote about this public health threat in analyzing the powers of police to investigate for DUI: “[T]he threat to public safety posed by a person driving under the influence or alcohol is as great as the threat posed by a person illegally concealing a gun."

On another occasion, the Court noted that “Drunk driving has become a problem of epidemic proportion in Arizona and other states throughout the country, and must be effectively dealt with to satisfy the public outcry against this crime.”

In order to provide a uniform process to clearly present the law for each step in a DUI case, a manual was created to facilitate quick access to statutes, regulations, and cases. This “DUI Manual” was distributed not only to random officers but primarily to those officers who have proven their ability to detect and apprehend the impaired driver. These particular officers are most often assigned to the statewide DUI Task Forces.

GOALS AND OBJECTIVES
This DUI Manual was created to aid police officers, prosecutors, and judges in the apprehension of the DUI offender and in the preparation of a DUI case. The manual has been designed to provide easy access to all relevant statutes, cases, strategies, and procedures that impact a DUI case. It is a comprehensive reference work that can be utilized by both novice and veteran police officers, prosecutors, and judges.

The DUI Manual was provided to over 300 officers statewide who have proven their ability to detect and apprehend the impaired driver. The manual’s topics include:

• The Stop
• Searches Prior to Arrest
• Breath Testing
• Observations of Intoxicated Behavior
• Blood & Bodily Fluid Test
• Defendants’ Pretrial Rights
• Charging the Offense
• Forms
• The DUI Case in Court
• Sentencing
• Administrative License Proceedings

STRATEGIES AND ACTIVITIES
Both police officers and prosecutors are presently using and benefiting from the DUI Manual. They also indicated that the CD format allows their entire division to have access to the information. The small, rural police agencies are very appreciative of the handbook in view of the fact that they do not have the same resources that are available to the larger urban police agencies.

Since the prosecutors and police officers are utilizing the manual, they can coordinate the prosecution of the DUI case in an efficient, expedient, and more effective manner. By using the handbook, they are able to discuss various portions of the DUI case via phone or the Internet; thereby decreasing the time they would normally spend attending meetings.

RESULTS
Arizona' s police officers and prosecutors have been utilizing the handbook since February of 2000. As previously stated, the feedback that has been received has been very positive and there is evidence that the DUI handbook is used extensively.

In August 2001, the Governor’s Office of Highway Safety (GOHS) hosted a statewide Highway Safety conference for police officers and prosecutors followed immediately by a Highway Safety Conference for judges. The DUI Manual was provided to the judges at the conference, as police officers and prosecutors made presentations to the judges about the usefulness of the handbook. It is expected that the judges will provide feedback to make the necessary adjustments to the DUI Manual.

This information is courtesy of http://www.nhtsa.dot.gov/