DWI penalties have increased over the years. The immediate penalties associated with a DWI conviction coupled with the long-term effects that a DWI conviction can have on a motorist's finances, job prospects and insurance coverage are significant. As a result, it is important to have a firm understanding of the crime of DWI.
- Turn felonies into misdemeanors
- Confronting prior convictions
- Intoxilyzer scientific issues
- DWI - controlled substances - serious questions about advisory and present law
- Additional testing issues
9:00 a.m. - 10:15 a.m.
I. Blood, Breath And Tears The
Science Of Alcohol Testing
A. Alcohol Testing General Scientific Concepts
1. Blood Alcohol Tests
2. Urine Alcohol Tests
3. Breath Alcohol Tests
B. Minnesota Alcohol Testing
2. Blood Tests
3. Urine Tests
4. Intoxilyzer 5000 Breath Tests
C. Scientific Concepts Of Alcohol Impairment And Performance Testing
1. General Effects Of Alcohol On Driving Performance
2. HGN Test Scientific Concepts
3. Divided Attention Tests Scientific Concepts
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:30 a.m.
II. DWI Controlled Substances, Drugs
And Rock n Roll
A. DWI Controlled Substances Presence And Influence
1. Does This Implied Consent Advisory Make Any Sense In A Drug Case?
B. DRE Why A Drug Recognition Expert Isn't!
C. Blood And Urine Tests The Real Test Results Are The Ones They Won't Give You, Unless You Ask For Them
D. Searches Passengers And Drivers
11:30 a.m. - 12:30 p.m.
Lunch (On Your Own)
12:30 p.m. - 1:45 p.m.
III. Attacking Prior Convictions And
License Revocations To Avoid
Enhanced Penalties For Your Client
A. Requirements Of Rule 15 Of The Minnesota Rules Of Criminal Procedure
B. Nordstrom And Mellett And Progeny
C. Attacking Enhanced Charges Based On Prior Convictions
D. Attacking Enhanced Charges Based On Prior License Revocations
E. Mechanics of Attacking Prior Convictions/Revocations To Avoid Enhanced Penalty
IV. Field Sobriety Tests 'Stupid Human
A. Training Standards And Requirements Used/Abused In Field Sobriety Tests
B. Horizontal Gaze Nystagmus (HGN) Test
C. Finger-To-Nose Test
D. One-Leg Stand
E. Walk-And-Turn Test
F. Alphabet And Counting Tests
G. Attacking Field Sobriety Tests: Testimonial, Observation And Constitutional Challenges
1:45 p.m. - 2:00 p.m.
2:00 p.m. - 2:45 p.m.
V. DWI Defense For Fun And Profit
A. The Relationship Between You And Your Client
B. The Relationship Between You And The Government
C. The Relationship Between You And Your Experts
D. The Immutable Rules Of DWI Defense
E. Indispensable Forms
2:45 p.m. - 3:30 p.m.
VI. Winning Implied Consent And Other
Drivers License Cases Selected