Legal issues and commentary on police crackdown on drunk driving

This paper is motivated by the fact that a significant number of acquittals arise from unlawful DUI enforcement by the police. It is structured as follows: ① A review of the relevant statutory framework and prior studies on DUI enforcement; ② An in­depth analysis­both theoretical and case­law based­of the requirements for police sobriety­test requests and the elements of the offense of refusing such tests; ③ The identification and commentary on the major legal issues; ④ The formulation of legal recommendations for practitioners involved in DUI enforcement. Based on our findings, we offer the following recommendations for DUI enforcement practitioners: 1. Clarify the purpose and legal basis for invoking police authority. If the stop is intended as a preventive administrative measure, the Police Duties Execution Act must be applied; if it is a criminal investigation, the Criminal Procedure Act must be scrupulously followed. 2. Ensure true “voluntary accompaniment.” To rely on voluntary accompaniment, officers must (i) clearly inform the driver that they may refuse to accompany, (ii) guarantee the driver’s ability to leave or withdraw at will, and (iii) document these advisals and opportunities with objective evidence. 3. Meet all elements for a lawful on-the-spot arrest. An arrest of a DUI suspect without warrant must satisfy four criteria: (i) the act is punishable, (ii) the offense is ongoing and temporally connected to the arrest, (iii) the suspect and offense are clearly identified, and (iv) there is a necessity for arrest (risk of flight or evidence destruction). 4. Strictly observe protective-custody requirements before requesting a sobriety test. 5. Differentiate per se DUI, drug-impaired driving, and crime of homicide and injury by dangerous driving. 6. Treat the Traffic Enforcement Guidelines as binding.