West E-lert Newsletter, March 2008–Law Books and Legal Information–West
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West e-lert Newsletter
March 2008

DUI Practitioner: Here's how it can make the difference

If your organization does any drunk driving defense or prosecution, you will want to know about DUI Practitioner, a Practitioner product now available via the tabbed DUI Practitioner page on Westlaw. This page provides easy access to primary authorities, practice guides, forms, and scientific manuals commonly needed in a drunk driving case.
Some of these materials can, in the right instance, make or break a case. For example, take the Chemical Testing Device Cases database (CHEMTEST–CS).
Suppose you learn a client you are defending had his or her blood–alcohol level tested with a breath test instrument called the Intoxilyzer 5000EN. Access CHEMTEST–CS from the DUI Practitioner page by clicking Testing Device Cases–All States in the Resources section. A search template is displayed featuring the handy Testing Device or Manufacturer Name drop–down list. Select Intoxilyzer, CMI, Inc. from the drop–down list. Type 5000–en in the Device Model Number text box. Select one or more jurisdictions, if desired, using the check boxes. Then click Search Westlaw.
You retrieve judicial opinions discussing the Intoxilyzer 5000EN. At top of the list is a January 2008 decision from the Court of Appeals of Kentucky, which held that the defense has the right to view the source code for the device. This is a vital ruling for the defense—and may be a vital precedent for your own case.
Other useful resources at the DUI Practitioner page include a state–specific forms finder, five chemical and field-testing manuals, and general and state–specific DUI practice guides.