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

Clara Shortridge Foltz Criminal Justice Center
Jana M. Seng
Judge
University of Washington School of Law

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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