I’ve just returned from the “DWI Means Defend with Ingenuity” conference in Las Vegas presented by the National Association of Criminal Defense Lawyers and the National College for DUI Defense and wanted to share some key-takeaways, reflections, and how I plan to integrate them into my practice.
DWI defense remains a science-driven, technically-complex field – and that staying ahead of the curve is vital. More than just case law, the program was about strategy, technology, forensic science, and trial craft – all tailored to the defense practitioner. It reinforced that you need both legal savvy and technical fluency to successfully handle DWI cases.
Here are some key takeaways I found especially impactful:
- Becoming the ARIDE Expert in the Courtroom with Tony Palacios – Tony was a fantastic presenter whose knowledge about the Advanced Roadside Driving Enforcement (ARIDE) was vast. ARIDE is the training police officers receive concerning how to observe, identify, and articulate the signs of impairment related to drugs, alcohol, or a combination of both. Tony provided instruction on what observations officers are making when a field sobriety test is administered and how to use those tests if the officers fail to administer those test correctly, and the effects on the evidence of the case if officers cannot properly demonstrate FSTs.
- Crossing the Breath Test Technician with Juanita Kimble – Not only was Juanita a joy to learn from, her insight and knowledge gained from years as a public defender added appreciated depth to her presentation. Juanita laid out real examples of how to cross a breath test tech, including examination on the chain of custody, calibration logs, blank testing, and maintenance records. She talked about the importance of creating check lists during the discovery process to make sure all logs and possible tech failures are turned over which may be key for evidentiary purposes at trial and/or plea negotiations.
- Reframing Winning Defensive Theories in Voir Dire with Troy McKinney – Troy was captivating as a presenter. His knowledge on trial techniques and strategy was immensely helpful. This presentation focused on the opening moments of trial, which is almost as important as the evidence itself. Troy’s message was to establish our narrative, the defense’s story, during voir dire to get the jury on our side and to view the evidence like we do. This was great information from a real pro.
What all this means for me and my clients is a more aggressive defense strategy – did the arresting officers have probable cause, were the FSTs administered properly, were the results from the breath tests accurate and valid. This type of information provides the winning edge our clients deserve. After all, if you’re expected for perform perfectly, the officer should be too.
