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Criminal

Jul. 28, 2025

DUI 101: Common evidentiary issues in DUI trials

This article and self-study test explore evidentiary issues commonly encountered in DUI trials, including the admissibility of a defendant's statements, field sobriety tests, breath test results and blood draws, with Part 2 to address implied consent, refusals, inference instructions, partition ratios, DUI drug offenses and enhancements.

Michael Antonovich Antelope Valley Courthouse

Michelle E. DeCasas

Judge

UCLA School of Law

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Clara Shortridge Foltz Criminal Justice Center

Jana M. Seng

Judge

University of Washington School of Law

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DUI 101: Common evidentiary issues in DUI trials
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The object of this article and self-study test is to discuss evidentiary issues that are common in Driving Under the Influence (DUI) trials. Readers will learn about the admissibility of statements made by a defendant; field sobriety tests (FSTs); breath test results; and blood draws (Part 2 of the article will focus on the implied consent law, refusal to provide tests, permissive inference instructions, partition ratios, DUI drug offenses and enhancements)....

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