@jayruane

Jay Ruane

The Alcohol Education Program(b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, the court shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services for evaluation. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility and receipt of the evaluation report, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol intervention program for one year, or be placed in a state-licensed substance abuse treatment program.

HOW DOES THE STATE PROVE A DUI?

Driving Stop Contact SFST Arrest

4 TYPES OF WITNESSES

State Police

Toxicology Experts

Local Police

Chemical Test

• The SFST Manual isn’t just about SFSTs!

• Manual is called “DWI Detection and SFST”

• The information in the manual is EVERYTHING a police officer learns about DUI

Officer Jones Supplemental Report

Officer Jones

WHAT IS NEGATIVE SCORING?

How do we address it? !

Bring it up in Voir Dire!

How Alcohol Gets into the Bloodstream

0.08Gas Solution

1 2

3

4

8

9

6

75

How the Draeger Machine Processes a Sample

100% Alveolar Air Post Absorptive 2100:1 or above

34 degrees No belching

No reflux No dentures/foreign substances

No mouth alcohol No interfering substances

FOR A BREATH TEST TO BE VALID YOU MUST BE SURE

GOOD THEME = HE JUMPED TO A FAULTY

CONCLUSION !

BAD THEME = HE’S WRONG

Who has the responsibility to fix potholes? Not ME!