DUI defense is undoubtedly a specialized and increasingly complex area of legal practice. And with the pervasiveness of social media, such as this blog, DUI defense attorneys are expanding and refining their defense strategies and techniques. But the National Highway Traffic Safety Administration (NHTSA) is apparently not pleased with the resulting effectiveness of DUI defense attorneys.
NHTSA recently published a report entitled Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases. The report is effectively a “how-to” guide for prosecutors and police officers. The introduction explains that the publication was “developed to assist prosecutors and law enforcement in understanding the nature of these challenges” and “formulating effective responses.”
Some of the topics covered in the report are diabetes, gastroesophageal reflux disease, prescription and over-the-counter drugs, and blood samples. The report is replete with citations to medical and forensic journal articles, which they attempt to use to debunk these common defenses and provide authority for the prosecutors’ argument. But in the grand scheme of things, the article highlights the increasingly technical and scientific nature of DUI prosecution and defense and the many arguments that are made available because of this nature. And for DUI defense attorneys, the article gives us yet another perspective from which to make our case.
For more information on DUI defense and related matters, please visit our website at http://www.mississippidui.com/
