Post on 10-Apr-2017
DWI DEFENSE TACTICS
(Protection Against the Dark Arts)
Troy D. Walden, Ph.D. Texas A&M Transportation Institute:
Center for Alcohol & Drug Education Studies
Direction is so much more important than Speed. Many are going nowhere fast.
Truth vs. Perception
• Vigorously defend their client • Take an adversarial position opposite of
the State • Create reasonable doubt
Role of the Defense
Mechanism for Deconstruction
Knowledgeable about their craft... • National College for DUI Defense • TCDLA • Annual Mastering Scientific Evidence Seminar • Specialized trainings conducted by:
Former law enforcement Former State toxicologists/chemists (breath and blood) Social psychologists and medical doctors
• Driving facts • Personal contact facts • Field sobriety testing
– HGN, W&T, OLS
• Degree of intoxication – Chemical Testing
Focus Areas of Attack
Driving
Personal Contact
Field Sobriety Testing
Degree of Intoxication
Remember the defense’s role is to: – Vigorously defend their client – Take an adversarial position opposite of
the State – Challenge the officers credibility and
interpretation of the facts – Create reasonable doubt in the mind of
the jury
In Conclusion