Proposed Reforms of DWI Laws

Drivers charged with Driving While Intoxicated ( DWI ) should be entitled to the following basic rights:

1. No defendant charged with DWI should be denied access to diversionary programs, similar to those available to defendants charged with indictable offenses other than DWI.
   
   
2. No defendant should be denied an adequate opportunity to prepare for trial as a result of time constraints which do not reflect the circumstances of each case.
   
   
3. No defendant should be denied the right to have the case against him dismissed, if the State is not prepared to proceed at the time the matter is set for trial by the Court.
   
   
4. No defendant charged with DWI should be denied the right to trial by jury, if the penalty which could be imposed includes a term of imprisonment.
   
   
5. No lobby or public interest group should be allowed to attempt to influence the administration of justice and prosecution of DWI cases before the Court.
   
   
6. No defendant charged with DWI should be required to stand trial in a Court where the Judge must be ultimately accountable to local elected officials as to the amounts of fines assessed.
   
   
7. No defendant charged with DWI should be denied the opportunity to testing by breath test equipment which is at least technically comparable to equipment commonly used in other States, which produces the most accurate result, and which eliminates the chance of operator error or manipulation.
   
   
8. No defendant charged with DWI should be denied the assistance of arresting officers in obtaining independent tests of intoxication after the completion of police testing.
   
   
9. No defendant charged with DWI should be denied the opportunity to apply to the Court for a work license, which may be issued at the discretion of the Court upon consideration of the circumstances of each case.
   
   

10.  No defendant shall be arrested without the events leading up to the arrest and the breath test following that arrest being videotaped with a copy of that provided with discovery before trial. 
     

11. No defendant charged with refusal to provide a breath sample should be found guilty unless the defendant has been read a statement explaining his obligation to provide a breath sample, which is clear, understandable and in “plain English”, or the language spoken by the defendant, and unless he is provided at least ten minutes to contact an attorney to obtain legal advice. 

     

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