NCJ Number
130717
Journal
Law and Order Volume: 39 Issue: 6 Dated: (June 1991) Pages: 49-52
Date Published
1991
Length
4 pages
Annotation
The use of videotapes for drunk driving arrests is examined.
Abstract
Videotapes were once viewed as an insurance of conviction in drunk driving cases in trial. In theory, a person arrested for drunk driving was taped immediately after being brought to the station. His level of intoxication would be apparent to viewers. Departments with video equipment developed policies for their use. However, videotaping did not affect the drunk driving conviction rate of highly intoxicated individuals because most of them pled guilty. Also it did not affect the majority of the people who choose not to get an attorney or who could not afford their own attorney. In drunk driver defendants with BAC between .10 and .20, it was more difficult to detect intoxication. Police officers are trained to determine the probability of a driver being under the influence if certain driving mistakes are made on the basis of guidelines developed by the National Highway Traffic Safety Administration. The accurate and concise officer's reports, standard formalized field sobriety tests, automated breath test reading, and testimony from the officer involved should be all that is needed to convict a drunk driver.