BAC – Evidence

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substantive offense, driving automobile while intoxicated as a substantive criminal offense, 68 ALR 1356

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neutron activation analysis, admissibility of evidence of neutron activation analysis, 50 ALR3d 117, § 2 to 4

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post-Daubert standards for admissibility of scientific and other expert evidence in state courts, 90 ALR5th 453

 

private sobriety test, motorist's right to, 45 ALR4th 11

 

validity, construction, and application of statutes directly proscribing driving with blood-alcohol level in excess of established percentage, 54 ALR4th 149, § 10

 

Blood Test

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blood alcohol test, objection or refusal, admissibility in criminal case of blood alcohol test where blood was taken despite defendant's objection or refusal to submit to test, 14 ALR4th 690

 

blood sample, authentication of blood sample taken from human body for purposes of determining blood alcohol content, 76 ALR5th 1

 

blood test, admissibility in criminal case of blood alcohol test where blood was taken from unconscious driver, 72 ALR3d 325

 

extrapolation evidence, admissibility and sufficiency of extrapolation evidence in DUI prosecutions, 119 ALR5th 379

 

hospital records, admissibility under state law of hospital record relating to intoxication or sobriety of patient, 80 ALR3d 456

 

methods of conducting tests, necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods, 96 ALR3d 745

 

warrantless blood draw, validity of defendant's consent and effect of refusal to consent to warrantless blood draw under U.S. Supreme Court's holding in Birchfield v. North Dakota that enhanced criminal penalty for refusing to submit to chemical test is unconstitutional, 37 ALR7th Art. 9

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Breath Test

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accuracy, challenges to use of breath tests for drunk drivers based on claim that partition or conversion ratio between measured breath alcohol and actual blood alcohol is inaccurate, 90 ALR4th 155

 

breath test, destruction of ampoule used in alcohol breath test as warranting suppression of result of test, 19 ALR4th 509

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Consent / Refusal to Sobriety Test 

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additional tests, request for prior administration of additional test as constituting refusal to submit to chemical sobriety test under implied consent law, 98 ALR3d 572

 

consent after refusal, subsequent consent to sobriety test as affecting initial refusal, 28 ALR5th 459

 

refusal to take intoxication tests, admissibility in criminal case that accused, 26 ALR4th 1112

 

retroactive applicability of Supreme Court's holding in Birchfield v. North Dakota that motorists cannot be deemed to have consented to submit to blood test on pain of committing criminal offense, 37 ALR7th Art. 5

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Control

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being in actual physical control -- status of vehicle, 95 ALR6th 1

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being in physical control or actual physical control -- general principles, 92 ALR6th 295

 

factors and circumstances establishing actual physical control; miscellaneous situations, 96 ALR6th 355

 

motorist sleeping or unconscious, 93 ALR6th 207

 

status of vehicle, what constitutes driving, operating, or being in control of motor vehicle for purposes of driving while intoxicated statute or ordinance statute or ordinance mandating imprisonment for habitual or repeated traffic offender, 2 ALR4th 618

 

what constitutes driving, operating, or being in control of motor vehicle for purposes of driving while intoxicated statute, regulation, or ordinance -- being in physical control or actual physical control -- passengers, 94 ALR6th 191

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Defenses

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choice of evils defense that driving was necessary to protect life or property, 64 ALR4th 298

 

diabetes, claim of diabetic reaction or hypoglycemia as defense in prosecution for driving while under the influence of alcohol or drugs, 17 ALR6th 757

 

inability to take test, sufficiency of showing of physical inability to take tests for driving while intoxicated to justify refusal, 68 ALR4th 776

 

mental incapacity as justifying refusal to submit to tests for driving while intoxicated, 76 ALR5th 597

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Field Sobriety Exercises

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horizontal gaze nystagmus test, use in impaired driving prosecution, 60 ALR4th 1129

post-Daubert standards for admissibility of scientific and other expert evidence in state courts, 90 ALR5th 453

 

vertical gaze nystagmus test: use in impaired driving prosecution, 117 ALR5th 491

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Implied Consent Law

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chemical sobriety test, duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law, 95 ALR3d 710

 

chemical sobriety test, implied consent law, 97 ALR3d 852

 

Motor Vehicle

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motorized recreational vehicle, operation of mopeds and motorized recreational two-, three-, and four-wheeled vehicles as within scope of driving while intoxicated statutes, 32 ALR5th 659

 

what is a motor vehicle within statutes making it an offense to drive while intoxicated, 66 ALR2d 1146

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Presumption of Impairment

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presumptions and burden of proof, construction and application of statutes specified percentages of alcohol present in system, 16 ALR3d 748

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Right to Attorney

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attorney contact, denial of accused's request for initial contact with attorney, 109 ALR5th 611

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Sentencing

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family circumstances, downward departure under state sentencing guidelines based on extraordinary family circumstances, 106 ALR5th 377

 

forfeiture of motor vehicle, validity, construction, and application of statute permitting forfeiture of motor vehicle for operation of vehicle while intoxicated, 89 ALR5th 539

 

ignition interlocks, validity, construction, and application of ignition interlock laws, 15 ALR6th 375, § 9, 10

 

legislation authorizing revocation or suspension of operator's license for habitual, persistent, or frequent violations of traffic regulations, 48 ALR4th 367

 

minor traffic infraction, what constitutes "minor traffic infraction" excludable from calculation of defendant's criminal history under United States Sentencing Guideline § 4A1.2(c)(2), 113 ALR Fed 561, § 4, 5

 

mitigation of charges, disciplinary action, mental or emotional disturbance as defense to or mitigation of charges, 26 ALR4th 995

 

notice and hearing before revocation or suspension, necessity of, 60 ALR3d 361, § 5

 

refraining from use, propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants, 46 ALR6th 241

 

Restitution, persons or entities entitled to restitution as "victim" under state criminal restitution statute, 92 ALR5th 35

 

revocation or suspension of driver's license, refusal to take sobriety test, 88 ALR2d 1064

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secure Continuous Remote Alcohol Monitoring (SCRAM) device, admissibility and use of Secure Continuous Remote Alcohol Monitoring (SCRAM) devices in civil and criminal proceedings, 69 ALR6th 549

 

sobriety programs, validity, construction, and application of statutes establishing 24/7 sobriety programs, requiring persons accused or convicted of DUI or similar offenses to submit to regular breath testing as condition of pretrial release, parole, or suspended sentence, 28 ALR7th Art. 8

 

statute or ordinance mandating imprisonment for habitual or repeated traffic offender, 2 ALR4th 618

 

Sobriety Checkpoints

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885, 157 L. Ed. 2d 843 (2004), governing validity of police roadblock, checkpoint, or other detention of vehicle for gathering of information, 78 ALR6th 213

 

validity of sobriety checkpoints erected by state or local police for the purpose of detecting drunk drivers in light of Michigan Dept. of State 

Police v. Sitz, 74 ALR5th 319

 

roadblocks, validity of routine roadblocks by state or local police for purpose of discovery of vehicular or driving violations, 37 ALR4th 10

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Underage Drinking and Driving

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"zero tolerance" laws relating to underage drinking and driving, 34 ALR6th 623

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Evidence of Intoxication

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scene of accident, admissibility, in vehicle accident case, of evidence as to manner in which participant was driving before reaching scene of accident, to show intoxication of driver, 46 ALR2d 9