LibGuides: DUI Laws and Administrative Sanctions by Timothy Culhane: Secondary Sources

SECONDARY SOURCES

Secondary Sources are a good place to start. Using a legal encyclopedia and working your way down towards a more specific case or issue will get you on the right track. This area of the guide will highlight some of the most common secondary sources available, and provide some insight for this topic.

Chemical Test Admissibility

Defense and admissibility of Intoxilyzer
Good summary on how to defend against the intoxilyzer

3-28 Defense of Drunk Driving Cases: Criminal, Civil § 28.02

Additional Information

Evidence as Hearsay Explanation
Breaks down Hearsay rule.
Corpus Delecti in DUI Cases
Interesting and short article on Corpus Delecti(Crime must have been proven) for DUI Cases. This shows how circumstantial evidence can be used to put someone behind the wheel.

American Law Reports/ Journals

Law Review/Journal Articles

Admissibility of Breath test with recent challenges.
Admissibility of Breath Test Affidavit
Affidavit not admissible unless BTO testifies
FL Bar Jounral- Breath Test Officer Needed
Although an officer testified to the affidavit, there was a need for the Breath Test Operator's testimony.

Texts and Treatises

Probable Cause for a DUI Arrests
Probable cause for a DUI arrest must be based upon more than a belief that a driver has consumed alcohol; it must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol.
DUI with non serious injury
Focuses on how penalties are increased for prop damage.
DUI with Serious Bodily Injury (SBI)
The injury has to be to "another person" to be charged with this offense.
Effect prior conviction have on your charge
This focuses on if you are convicted of DUI, there will be a separate hearing to determine if you were convicted of prior DUI's and how it will affect your sentence.