Many attorneys are asked, at one time or another, to handle a DWI case. As law enforcement continues to crack down on intoxicated drivers, these cases will become even more common. Attorneys must be prepared to render effective representation to the client accused of a first offense, as well as to those clients having prior convictions. Recent changes in the law have made DWI cases even more complicated. For example, arraignments are no longer a pro forma proceeding. It is imperative that attorneys be familiar with suspension pending prosecution. Since defendants are subject to having their licenses suspended at arraignment under this legislation, the informed assistance of counsel is critical at arraignment on a DWI charge.
The program will cover the following topics:
- Critical Issues
- Field Sobriety Tests
- Chemical Tests
9:00 a.m. - 10:15 a.m.
I. Critical Issues
A. Judicial Suspension Pending Prosecution
1. What Is It?
2. Hardship Privilege
3. Preconviction Conditional Licenses
B. Conventional Suspension Pending Prosecution
C. Test Refusals
D. The Two Hour Rule
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:30 a.m.
II. Field Sobriety Tests What Are They And How Do You Deal With Them?
A. The National Highway Traffic Safety Administration Protocol
1. Horizontal Gaze Nystagmus
2. The Walk and Turn
3. One Leg Stand
4. Miscellaneous Tests: The Finger Count, Finger To Nose, And Alphabet Tests
11:30 a.m. - 12:00 p.m.
III. Ethical Issues
A. Confronting Your Client's Alcoholism
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:45 p.m.
IV. Chemical Tests The Basics
A. Breath Testing Generally
1. Blood-Breath Partition Ratio
2. How You Breathe Does Make A Difference
B. Infrared Testing Generally
1. The Instruments-BAC DataMaster II, The AlcoTest 7110 MKIII, The Intoxilyzer, And The Breathalyzer
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
V. Finding Your Way Through The Maze What You Need To Know To
Negotiate The Case
A. First Offenders
B. Second Offenders
C. Multiple Offenders Felonies
D. DWAIs The Third Offense
E. The Commercial Driver's License
F. Drinking Driver Program Eligibility And Effect
G. Conditional Licenses The 20-Day Order