Trial by Numbers Ted Vosk November 2010 48 Uncertainty in the Quest For Truth and Justice “All results for every forensic science method should indicate the uncertainty in the measurements that are made, and studies must be conducted that enable the estimation of those values.”1 On A

In Birchfield v. North Dakota, the Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrest for drunk driving, but a warrant must be obtained before obtaining a sample of blood.

The Origins of Physical Sobriety Exercises

Police officers believe that a drunk driving suspect should be able to perform physical sobriety exercises under stressful settings. Injuries and medical conditions may impair the ability to perform the exercises. Robert Reiff recommends that lawyers petition the court for an order in limine that will prevent the jury from hearing certain testimony that contains misleading, unscientific information. 

Robert Reiff discusses the work of Dr. Marcelline Burns, one of the creators of the Standardized Field Sobriety Tests that police officers use when investigating DUI/DWI cases.

About How an Aviation Medical Examiner Can Help with the FAA

If an aviator is charged with DWI, the best way to overcome a medical deferment is to hire both an Aviation Medical Examiner and a lawyer experienced in FAA matters.

Many people accused of DUI will have their driver’s licenses suspended in administrative proceedings. What are the essential practice tips when counsel challenges the suspension of a driver’s license?

Before addressing each Field Sobriety Test individually, defense counsel can create doubt in the minds of jurors in a DWI case by suggesting that the tests generally are unfair and unreliable. Defense attorney Daniel Bertolino provides a sample cross-examination.

A lack of sleep produces many of the same effects associated with being drunk – including lack of coordination, judgment, and reaction time. Defense counsel should not allow a prosecutor, judge, or jury to dismiss consideration of sleep deprivation when it is relevant.

DWI Steve Oberman, Sara Compher-Rice

“Walk the line.” Everyone knows that when people hear those words, they’re being tested to see if they’re drunk. DUI defense lawyers often hear clients say, “I couldn’t do that if I was sober!” Although lawyers hope that they didn’t phrase it in quite those terms to the arresting officer, the point is well-taken. The now ubiquitous standardized field sobriety tests are unscientific, unfair, and misunderstood. However, if they are unchallenged, they have tremendous persuasive effect on the court and the jury.

Diabetes is a disease in which the body does not properly produce or use insulin, one of the primary hormones that regulate blood sugar levels. When it comes to driving under the influence, diabetics may have complications not present in other clients.

DWI David S. Katz DWI April 2013 44 ADHD and Driving — A Recipe for False DUI Convictions How many times has an investigating officer stated in a police report that the client “did not stop at the stop sign,” “pulled into traffic inappropriately,” “merged dangerously,” or “crossed the lane line

If a driver’s blood-alcohol concentration (BAC) is below the legal limit when the driver gives a breath or blood sample, this fact will not stop the prosecution from trying to obtain a DWI conviction. At trial, the state may attempt to use retrograde extrapolation to convince the jury that the BAC exceeded the legal limit earlier when the police stopped the driver on the highway. But retrograde extrapolation is an unreliable tool.

In reaching the decision to arrest an individual for DWI, an officer often relies upon physical roadside “testing” to assess the driver’s sobriety. Unsteadiness is among the most common indicators of impairment recounted by police officers. During the initial intake meeting with the client, a medical history should be obtained, inquiring as to whether any physiological factors affected behavior overall at the time of the arrest, but specifically, whether any injury pathology would have caused any problems in balancing. Consider having the client medically and physiologically evaluated by a podiatrist or orthopedic specialist who can offer an in-depth look into the client’s pattern of walking.

Flawed Conclusions Based on the Blood/Breath Ratio: A Critical Commentary