Strategies for Prosecuting DWI Cases: Leading Prosecutors Discuss the Importance of Training, Developing a Strategy, and Negotiating the Charges (Inside the Minds)

Through the NHTSA-sponsored Advanced Roadside Impaired Driving Enforcement program (ARIDE) and improved funding for states' Drug Recognition Expert programs, law enforcement agencies are encouraging more officers to become specialists in detecting impaired drivers. Detection, however, is only the start of the process.

Successfully prosecuting DUI cases requires careful attention to both traditional, and some not-so-traditional, skill sets. Strategies for Prosecuting DWI Cases explains how DWI-DUI prosecutors must cultivate and hone their litigation tools, including the following practice recommendations:

• Develop a sound relationship with your DUI officers. Consider introducing yourself by way of a ride-along with an accomplished DUI officer or providing training to law enforcement.
• Know your case, including its strengths and weaknesses. Talk to all witnesses, officers, breath test operators, lab analysts, and anyone else involved in the case.
• Be straight with the defense; let them know what evidence exists on both sides of the case, and be prepared to make, and consider, a settlement offer.
• Develop a resource network of experienced DUI prosecutors and your state TSRP. Many of the issues that you address have already been tried elsewhere.