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