The SFSTs Have Never Been Peer Reviewed

Peer review is a critical component of any scientific research.   You don’t simply expect people to take your word for it. Instead, you send things out to other experts in your field and you say: I am confident… Read More

Double-Counting Police Officer Observations in a DUI Case

In DUI cases in which a suspect refuses to submit to a breath, blood or urine test, judges will typically base a guilty verdict on two different considerations. First, there are the results of the Standardized Field Sobriety… Read More

Koonce v. D.C.: Stationhouse Videos in DUI/OWI Cases Are Discoverable

And sometimes the D.C. Court of Appeals gets it just right. For years, the Office of the Attorney General in D.C. has argued that stationhouse videos of suspects in DUI/DWI cases are not “discoverable”; that is, that they… Read More

Police Officer as Expert at DMV Hearing

Q:  You are certified to administer the standardized field sobriety tests? A:  Yes. Q:  So you are familiar with the science behind the standardized field sobriety tests? A:  Yes. Q:  And you are aware that the tests have… Read More

Refreshing Recollection at a DMV Hearing

DEFENSE COUNSEL:  Objection. HEARING EXAMINER:  Basis? DEFENSE COUNSEL:  I would ask that the officer testify from memory and not read from his report. HEARING EXAMINER:  Officer, are you testifying from memory or are you using the report to… Read More

“I Make Over Six Figures A Year. What Am I Doing Here?”

Guest Post by Tyler Wolff* These are the first words that went through my head when the jury found me guilty of my second DUI.  The first one was a dangerous mistake:  I was young, underage, drinking with… Read More

The DUI Defense Lawyers Association: A New Challenge to the NCDD

I am clueless about the politics. But you know this has to be a really, really bad thing for the National College for DUI Defense (NCDD). Justin McShane hinted that something was up at the most recent meeting… Read More

DUI Lawyers Get No Respect

I am attending the “Mastering Scientific Evidence” for DUI cases sponsored by the National College for DUI Defense (NCDD) and the Texas Criminal Defense Lawyers Association (TCDLA).  New Orleans is a wonderfully decadent city:  It is fun to… Read More

Drunk Cowboy in DWI/DUI Video

Ready for DUI/DWI Appeals in D.C.

It is amazing to me there aren’t more appellate DUI/DWI decisions in D.C. Yes, a recent case – Taylor v. District of Columbia – dealt with the legal definition of impairment. Beyond that, however, there are few cases in… Read More