I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, of course, a crime, subject to the rules of criminal procedure and constitutional provisions that apply generally to the investigation, charging, trial, conviction and sentencing of crimes, there are a host of substantive and procedural rules that apply exclusively to DWI offenses. One of the areas in which impaired driving law differs most significantly from that applicable to other misdemeanor crimes is sentencing. My colleagues and I have written several blog posts discussing those anomalies. For people interested in a more comprehensive review of DWI sentencing, I’ve just published this bulletin. I’m interested in hearing your feedback about the bulletin as well as about other aspects of impaired driving law for which a more comprehensive reference would be helpful.
[Editor’s note: It’s 54 pages not counting the appendices, and appears to be fantastically complete and well-organized. It really is all you need to know, and I love it that we can so often make practical scholarship like this available for free.]