POLICE EVALUATION OF ALCOHOL AND DRUG IMPAIRMENT: METHODS, ISSUES AND LEGAL CHALLENGES

Police officers' traffic enforcement duties include the arrest of drivers who are under the influence of alcohol or other drugs. In addition to a decision to arrest, their options include citing, warning, or releasing without action. Which option is exercised depends on the officer's observations of a driver's appearance, speech, behavior, and performance of roadside tests. Standardized tests and procedures have been developed for the roadside examination of drivers suspected of being impaired by alcohol. Also, standardized methods have been developed for the evaluation of drivers suspected of being impaired by drugs other than alcohol. Recent studies report a high level of accuracy associated with use of these tests and methods. Valid sobriety tests and drug evaluation methods enable officers to identify and remove impaired drivers from the roadway. Their use also decreases the likelihood that unimpaired drivers will be detained. During criminal court proceedings, however, the admissibility of testimony about a defendant's test performance frequently is challenged. The tests, methods, legal issues, and court decisions are reviewed. (A) For the covering abstract see IRRD 893732.