Preview of Member Only Content
For full access: or Become a Member
A True Double Standard: A Defense Perspective on the Inherent Unfairness in the Administration of the Impaired Driver Laws
By Eric H. Sills, Peter Gerstenzang
Due to the intense pressure placed upon legislators, prosecutors and
judges to wage war on impaired drivers — by interest groups such as
Mothers Against Drunk Driving — it is rare that a year goes by without
an increase in the penalties imposed for driving under the influence of
alcohol or drugs (“DUI”). This pressure, combined with the lack of any
organized lobbying on behalf of the drinking or drug-using driver, has
led to a true double standard in which the criminal justice system has
created two classes of criminals: (1) impaired drivers, and (2) all
The inherent unfairness in the administration of the DUI laws pervades
virtually every aspect of a DUI case, from the initial stop of the
defendant’s vehicle through the administration of the chemical test. In
addition, the courts routinely find that the use of so-called “civil
penalties” to exact extra punishment on DUI offenders (e.g., driver’s
license suspensions pending prosecution, che
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.