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The Drug and Alcohol Impaired Driver


PUBLISHER

ISBN

9781641304078

CURRENT EDITION

2nd Edition

VOLUMES

1

PAGES

278

AUTHOR:

Jefferson L. Lankford

Last Release Date

October 23, 2018

From $40.00

To $49.00

In stock

SKU 33404-11

A comprehensive police officer’s manual for DUI enforcement from initial stop through trial, updated annually to include the latest developments in marijuana legalization and drug and alcohol laws and cases.

PRODUCT DESCRIPTION

The Drug and Alcohol Impaired Driver is a guide for police enforcement of DUI laws. This book is helpful for police from the command level to the patrol officer. The author, a retired judge, explains how to employ stop, search and arrest and their legal limits in a clear and understandable way. The book presents a description of hundreds of drugs (both legal and illegal) and their effects on driving. A list of federally controlled substances is also included for easy reference. The latest developments on the legalization of marijuana and new research on the risk of driving under the influence of marijuana are included. It explains the legislative approaches states use for DUI enforcement. Strategies for enforcement, investigative techniques and tips for effective in-court testimony are covered. This book is an exceptionally useful resource for the classroom, field use and command decisions in enforcement.  

ABOUT THE AUTHOR

Jefferson L. Lankford

Jefferson Lankford served as a judge of the Arizona Court of Appeals from 1990 to 2006. He received a baccalaureate degree from the University of Kentucky, and juris doctor and master of laws degrees from the University of Virginia. Judge Lankford wrote Arizona DUI: A Manual for Police, Lawyers and Judges, first published more than 15 years ago. He also co-authored The Law of Negligence in Arizona, now in its second edition, and has been an editor of The Arizona Litigation Guide and the Arizona Appellate Handbook. He also has written numerous articles on legal subjects.

TABLE OF CONTENTS

About the Author

Introduction




Chapter One: Trends Affecting DUI Enforcement

Distracted Driving and Cell Phones

Prescription Drugs and Other Drugs of Abuse

Marijuana

Alcohol

Changing Attitudes About Drugs and Alcohol and Law Enforcement

Revisiting enforcement strategies



Chapter Two: Drugs and Driving

How This Chapter Can Help

Effects of Drugs

Which Drugs are Potentially Driver-Impairing Medications? 

Over the Counter Medicines

Opiates

Opioids

Central Nervous System Depressant

Benzodiazepines

Antianxiety – Nonbenzodiazepine Drugs

Antidepressants

Antipsychotics

Phenothiazines

Thioxanthenes

Dopamine and Serotonin Antagonists

Antinausea and Antivertigo Medicines

Cardiovascular Medications

Diuretics

Angiotensin-Converting Enzyme Inhibitors

Calcium Channel Blockers

Sympatholytic Agents

Vasodilators

Antiarrhythmics

Digitalis Glycosides

Hematologic (blood) drugs

Respiratory medicines

Antihistamines

Bronchodilators

Cough Medicines (Antitussives) 

Blood Glucose Medicines

Gastrointestinal Medicines

Acid Reducers

Antispasmodics

Non-Narcotic Pain Relievers

Muscle Relaxants

Neurologic Drugs

Parkinson's Disease and Related Conditions

Anticonvulsants

Stimulants

Methamphetamine

Cocaine

Other Illicit Drugs



Chapter Three: Marijuana

Overview

Legalization and Decriminalization

Effects of Marijuana on Driving

Increased Effects with Alcohol and Other Drugs

Marijuana and Legalization

Synthetic Marijuana



Chapter Four: Alcohol and Driving

The General Effects of Alcohol

Alcohol Poisoning

The Effects of Alcohol on Driving



Chapter Five: The Stop

What is a "Stop"?

When Can a Peace Officer Lawfully Stop a Driver? 

What Can the Officer Do During a Stop? How Long Can a Person or Vehicle be Stopped? 

Checkpoints

Saturation Patrols



Chapter Six: The Investigation

Probable Cause

Building the Case Toward Probable Cause to Arrest

What is Probable Cause to Arrest for DUI? 

Observations of Intoxicated Behavior

Field Sobriety Testing (FST) 

Standardized Field Sobriety Tests for Alcohol

The Three Parts of the FST

Drug Detection

Drug Influence Evaluation

Drug Detection by a Non-DRE Officer

Physical Evidence

Warrants

Warrant Requirement

Vehicle Searches: No Warrant Needed

Searches

Scope of the Search

Search Incident to Arrest

Inventory Search Consent Searches

Abandoned Property

Plain View

Plain Feel

Plain Smell

Canine Sniffs

Arrest



Chapter Seven: Chemical Testing

Search Incident to Arrest

Implied Consent

Refusal Despite Implied Consent

What Constitutes Refusal

Non-Criminal Consequences of Refusal

Express Consent

Test Breath or Blood? 

Administering the Tests

Breath Testing

Blood

Alternatives to Breath and Blood Tests

Obtaining a Warrant for a Test

Passive Alcohol Sensors



Chapter Eight: DUI Laws

Civil Authority

Other Alcohol Offenses

Non-Alcohol Civil and Criminal Traffic Offenses

Other Non-Alcohol Offenses

DUI Alcohol Offenses

Driving

Alcohol Content

"Under the Influence"

Did Alcohol Cause the Impairment? 

Drug DUI Laws

Medically Used Drugs

Types of Drug DUI Statutes

Which Drugs are Included

Zero Tolerance Statutes

Per Se Statutes

Impairment Statutes

Problems and Issues with Zero Tolerance and Per Se Statutes

Unlawful Possession



Chapter Nine: The DUI Case in Court

Introduction to Testifying in Court

Body Language

Maintain a Proper Tone of Voice and Demeanor

Answer Briefly

Answer Clearly and Positively

Admit Any Failure of Memory

Keep Your Cool

Listen and Ponder

Prepare for Your Testimony

How Might Defense Counsel Challenge Your Testimony? 

Areas of Testimony

Field Tests

DIEs

Testing

Blood Sample: Chain of Custody

The Arrest

Statements by the Driver and Witnesses

Opinion Evidence

Sufficiency of Evidence

Appendix A: Controlled Substances

Appendix B: Form Affidavit for a Search Warrant for Blood 

Appendix C: Sobriety Checkpoint Laws

Appendix D: Alcohol DUI laws

Appendix E: Drug impaired DUI laws

PRODUCT REVIEW

Colonel David A. Dees (Retired)

817 Mystic Drive, # 505

Cape Canaveral, Florida 32920

January 22, 2016

Judge Lankford’s most recent text, The Drug and Alcohol Impaired Driver, is a must read for every recruit law enforcement officer.  Although focused on the impaired driver’s impact on society, it is also an excellent resource to understand the concepts of reasonable suspicion, probable cause and the officer’s role in presenting any case before a judge or jury.  This text not only helps the new officer to understand the pharmacology of alcohol and drugs, it is an excellent resource for new and experienced Breath Alcohol Technicians and Drug Recognition Experts. This text is a treasure-trove of case law and DUI research references.

The efforts of the law enforcement profession, combined with advancements in emergency medicine techniques and highway safety engineering, have saved countless lives on our nation’s streets and highways.  However, the current trends toward legalization of marijuana for recreational and medical purposes and its impact on highway safety cannot be overlooked. The Drug and Alcohol Impaired Driver text is an excellent resource to begin this discussion.

Colonel David A. Dees (Retired)

State Law Enforcement Agency Director

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