For even the most seasoned attorneys, defending DUI cases has always
presented special challenges. Today—due to legislative developments, the
introduction of incredibly sophisticated blood alcohol-testing technologies,
and an increasingly harsh prosecutorial climate—mounting a successful defense
is more difficult than ever.
The new Seventh Edition of Drunk Driving Defense
is updated to reflect recent developments which includes a new section on
Sentencing of Non-Citizens; detailed information about the SCRAM® (
Secure Continuous Remote Alcohol Monitor) device; updated state-by-state
listing of DMV contacts; and expanded discussions on the offense of DUI
by marijuana, the source code issue in breath testing devices, and how recent
U.S. Supreme Court cases impact the admissibility of chemical test evidence in
a DUI case.
Drunk Driving Defense provides hard-hitting tactics every step
of the way, from the administrative license suspension hearing, to the
pretrial investigation, to cross-examination of police and expert witnesses,
and finally to the jury summation itself. You’ll be fully briefed on the
statutory and case law, evidentiary issues and procedures applied in federal
and state courts nationwide.
With Drunk Driving Defense, you’ll discover practice-proven
DUI defense strategies and techniques on:
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Increasing the odds of success at the administrative license suspension hearing
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Using pretrial discovery and suppression motions to weaken a case or get it
dismissed
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Discrediting field sobriety tests using leading-edge techniques
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Using newly-developed voir dire strategies to help lay the foundation for a
solid defense and a powerful jury summation
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Strengthening your case using recent developments in breath, blood and urine
analysis
You’ll also find clear explanations of key scientific and technological
issues, and practical tools to streamline case preparation and presentation
Written by
Lawrence Taylor and Steven
Oberman, Drunk Driving Defense is generally considered to be
the standard-bearing reference in the field.
View video of Lawrence Taylor: "How to Defend The DUI Client"
Read Lawrence Taylor, expert
DUI lawyer's DUI Blog and subscribe to RSS news feeds."
PART I CRIME AND PUNISHMENT
Chapter 1 THE OFFENSE
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§1.01 The Nature of the Crime
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§1.02 The Corpus
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§1.03 What Constitutes “Driving”?
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§1.04 Under the Influence of Alcohol
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§1.05 The “Per Se” Violation
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§1.06 Under the Influence of Drugs
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§1.07 Felony Drunk Driving
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§1.08 Civil Liability
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§1.09 Inchoate and Accomplice Liability
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§1.10 Affirmative Defenses
Chapter 2 THE SENTENCE
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§2.01 Sentencing in the DUI Case
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§2.02 Statutory Enhancements: Refusal, Speed, and Other Factors
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§2.03 Alternative Sentencing
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§2.04 Multiple Punishment
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§2.05 Probation Violation Hearings
Chapter 3 THE ADMINISTRATIVE LICENSE SUSPENSION
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§3.01 Implied Consent
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§3.02 The Administrative Hearing
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§3.03 The “Per Se” Suspension (.08 percent)
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§3.04 The Refusal Suspension
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§3.05 The FAA and Pilot License Suspensions
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§3.06 Interstate Driver's License Compact
Chapter 4 DUI AS A FEDERAL CRIME
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§4.01 Introduction
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§4.02 DUI on Land Administered by the National Park Service
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§4.03 DUI on Other Federally Owned Land
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§4.04 Issues Applicable to All Federal Lands
PART II EVIDENCE
Chapter 5 FIELD EVIDENCE
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§5.01 Field Evidence and the Arresting Officer
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§5.02 Driving Symptoms
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§5.03 Appearance and Behavior of Defendant
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§5.04 Field Sobriety Tests
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§5.05 Drug (Recognition) Evaluation and Classification
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§5.06 Preliminary Breath Tests
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§5.07 Audiotapes and Videotapes
Chapter 6 INTRODUCTION TO BLOOD-ALCOHOL ANALYSIS
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§6.01 Forensic Alcohol Analysis
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§6.02 Alcohol and the Human Body
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§6.03 Retrograde Extrapolation: Projecting Test Levels Back to Time of Driving
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§6.04 General Sources of Error
Chapter 7 BREATH ANALYSIS
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§7.01 The Reliability of Breath-Alcohol Analysis
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§7.02 Nonspecific Analysis
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§7.03 Mouth Alcohol
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§7.04 Additional Sources of Error
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§7.05 The Machines
Chapter 8 BLOOD AND URINE ANALYSIS
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§8.01 Blood Analysis
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§8.02 Urinalysis
PART III PRE-TRIAL
Chapter 9 ANALYSIS AND ARRAIGNMENT
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§9.01 Initial Client Contact
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§9.02 Case Investigation
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§9.03 Analysis of the Case
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§9.04 The Arraignment
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§9.05 Plea Bargaining Considerations
Chapter 10 PRIOR CONVICTIONS
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§10.01 The Prior DUI Conviction
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§10.02 Prosecutorial Burden
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§10.03 Bifurcation of Trial
Chapter 11 DISCOVERY
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§11.01 Discovery of DUI Evidence
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§11.02 Preservation and Production of Blood/Urine Sample
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§11.03 Preservation and Production of the Breath Sample: Trombetta
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§11.04 The Discovery Motion
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§11.05 The Subpoena Duces Tecum
Chapter 12 SUPPRESSION OF EVIDENCE
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§12.01 Probable Cause to Stop, Detain, and Arrest
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§12.02 The Fallibility of Radar Devices
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§12.03 Sobriety Checkpoints: Sitz
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§12.04 Unlawful Arrest
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§12.05 Incriminating Statements
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§12.06 Refusal Evidence
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§12.07 Field Evidence
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§12.08 Blood-Alcohol Evidence
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§12.09 Other Evidence
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§12.10 The Suppression Motion
PART IV TRIAL
Chapter 13 SETTING THE STAGE
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§13.01 Jury Selection
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§13.02 The Opening Statement
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§13.03 Using Demonstrative Evidence
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§13.04 Keeping the Prosecution in Line
Chapter 14 CROSS EXAMINATION
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§14.01 The Arresting Officer
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§14.02 Techniques for Cross-Examination of the Officer
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§14.03 Cross-Examination of Arresting Officer
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§14.04 The Breath Operator and/or Blood-Alcohol Expert: Strategy and Techniques
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§14.05 Illustrative Cross-Examination of Operator/Expert
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§14.06 Illustrative Cross-Examination of the Percipient Witness
Chapter 15 THE DEFENSE
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§15.01 The Sobriety Witness
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§15.02 The Defense Blood-Alcohol Expert
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§15.03 The Defense Police Expert
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§15.04 Should the Defendant Testify?
Chapter 16 CLOSING
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§16.01 Summation: Strategy and Illustration
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§16.02 Jury Instructions Resources
Table of Cases
Index
