Blog - Field Sobriety Tests

The NCDD Blog is for our members to comment on matters of general interest in the field of DUI Defense and to ask general questions concerning the topics posted.   NCDD does not monitor or control answers from the various lawyers (many of whom are regarded as among the best in the country) who may respond and the answers or comments they provide are solely their own.  Responses to questions and comments are not legal advice: they are only the opinions of the lawyer providing the answer or making the comment. No attorney client relationship is formed between the person who posts a question or comment and any attorney who posts an answer or comment. The NCDD Blog is not for the purpose of soliciting legal advice for any specific case and should not be relied upon for that purpose. No lawyer can provide advice for a specific case without far more information than can be included in a blog post.   Furthermore, the NCDD Blog is not to be used in any form, for any marketing, advertising or solicitation by any author.  If you need legal assistance or advice, consult a lawyer in your state. You can find NCDD member lawyers in your State listed under “Find an Attorney” in the menu to the left or at the top of the page. No opinion expressed by an attorney or other person on the NCDD Blog represents the opinion or views of the NCDD.



What It Means to Be Board Certified

Board Certification as a DUI Defense Specialist through the National College of DUI Defense is the most meaningful and significant professional development in my DUI Defense Practice.  I am one of only two (2) lawyers practicing in New Hampshire with the designation and one of only (3) three practicing in Massachusetts with the designation. Prospective clients, colleagues and friends ask me, “what does the Board Certification mean?”  I tell them that following a rigorous ...read more

How the NCDD Board Certification Exam Became ABA Approved. By Steve Oberman.

Our Board Certification Committee is often asked how the NCDD Board Certification Program came to be approved by the American Bar Association (ABA). In response to this query, allow me to provide a historical perspective.

 

In the mid-1990s, the NCDD made a historical commitment to create a Certification Program and focus on the promotion of Board Certification for DUI Defense across the nation. This need was necessitated by the concern for those accused of DUI who were (and ...read more

3 Tips For Preparing To Take The Board Certification Exam

If you are considering taking the Board Certification examination, congratulations! You are taking a huge step forward in the quality of representation that you provide to your clients. You are making a huge investment in what type of lawyer you want to be. That is a great thing. So, I want to provide you with 3 simple tips that I believe will benefit you greatly in preparing for the exam. 

 

  1. It is never to early to begin compiling your application materials. Gathering ...read more

Board Certification: Its About a Lot More than You.

When I originally took the Board Certification Test for DUI Defense it was solely about me.  In fact, when I took it, the Florida Bar rules prohibited me from telling people I was Board Certified, however, I thought I was one of the better DUI attorneys in my area, but I had so much less experience than the others.  I wanted to prove to myself that I belonged among the best.  I worked hard to qualify to sit for the test and took it after being an ...read more

Are Field Sobriety Tests a Search?

I have an appeal pending that addresses, in part, the State’s ability to comment upon the Defendant’s right to refuse a warrantless search. Georgia has well-established case law that precludes the State from commenting upon a Defendant’s refusal to submit to a warrantless in “traditional” criminal cases, and I thought, perhaps naively that this rule should be extended to DUI suspects who are asked ...read more

Board Certification for You

In 2001 when I applied for Board Certification, the designation was in its infancy. I have since been recertified twice. Preparation, then and now, really consists of being a solid DUI defense lawyer and brushing up on some statistics. You cannot, and should not, cram for this exam. There’s a lot of talk about how difficult the exam is, but if you know your stuff because you’re immersed in it every day, all you really need to do is refresh your memory on some of the finer points on ...read more

How NCDD's Board Certification Program Became ABA Approved

Our Certification Committee is often asked how the NCDD Board Certification Program came to be approved by the American Bar Association (ABA). In response to this query, allow me to provide a historical perspective.

 

In the mid-1990s, the NCDD made a historical commitment to create a Certification Program and focus on the promotion of Board Certification for DUI Defense across the nation. This need was necessitated by the concern for those accused of DUI who were (and continue) ...read more

Yes, You Should Take NCDD's Board Certification Exam

Is it demanding?  Yes.  Is it challenging?  For sure.  Will it make you a better lawyer?  Hell yes.  And that reason alone is why you should take NCDD’s Board Certification Exam. I practice in Washington State, where specialties and Board Certifications are not recognized by my State Bar Association.  I had the same thoughts that many good DUI lawyers have – why should I take it?  What is the benefit?  Since my state doesn’t recognize ...read more

Why You Should Take NCDD's Board Certification Exam

Why Take the Board Certification?

 

For many years, I was of the opinion that I didn’t need to take the Board Certification test. Oklahoma didn’t recognize certification. I have never been asked by a potential client about it. I was competing for and signing up cases without it. I took the bar exam and wasn’t taken any more exams. I had lots of reasons why I didn’t need it.

Truth was that I wasn’t up for the challenge. Was I really good enough ...read more

How to Tackle NCDD's Board Certification Exam

You may have heard how difficult the DUI Board Certification test is. Unfortunately, there are many among us who allow themselves to be discouraged from taking the test because they have allowed themselves to believe it is too difficult.

 

The truth however, in my experience is a little different. Taking the test begins with the application process. This part of the task can seem to be the most difficult as you or your assistant must dredge up old files to find dispositions ...read more

From Your Virtual Librarian, Bell Island. The 2015 SFST Manaul and the Virtual Library

The virtual library is full of useful information. We have all the SFST manuals, and have added the 2015 update. The NHTSA SFST manual on DWI Detection and Standardized Field Sobriety Testing is one of our best tools. I have found that the way the officers are instructed to investigate a DUI case is much different than how they actually conduct the investigation in the field. The NHTSA manual lays it all out on what they should be doing.

Some of the most helpful sections are the Vehicle ...read more

Prosecutions for Driving Under the Influence of Marijuana Based Upon Unreliable Evidence

Due to the rise in the use of marijuana all over the country, including the state of Michigan, police are now being trained to investigate driving under the influence of marijuana and other drugs. It is the new craze in law enforcement but, because it is not as easy to detect and

identify as alcohol, false arrests and prosecutions are much more common. Law enforcement incorrectly believes that identifying persons intoxicated from drugs is the same as alcohol. ...read more

Hero or Harasser ? Hero I Say.



Man gets arrested for warning drivers about upcoming speed traps. He is also against how the speed traps are being enforced (cops hiding behind signs and jetting out weaving in and out of traffic to catch the speeders is more dangerous than most of the speeding driving they are pursuing). My two cents: this is a free country, he has a right to protest, and he makes a good point. I realize most cities now earn a necessary part of their administration fees through the traffic ticket fines ...read more

The Science of Fear and Field Sobriety Testing


http://duinewsblog.org/2013/09/16/the-science-of-fear-field-sobriety-tests/

Read the Article here!

The Science of Fear & field sobriety tests:

Fear is not just mental. It is physical. It is involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in  a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application ...read more

DWI/DUI Marijuana


http://duinewsblog.org/2013/03/13/dwidui-marijuana/



This news article demonstrates the fervor of law enforcement to get a DWI/DUI even when there is no evidence. A person may show from a toxicology screen that they may have THC in their system with no evidence of impairment at the time of driving (some of these tests may show positive if the person smoked in the last 6 weeks).  Scary stuff.

read more

Jury just says

The City of East Lansing pulled no punches in trying to convict a man of OWI based on his breath alcohol content. The man was pulled over for making an illegal turn in the middle of a street that was under construction with no traffic around. The officer smelled alcohol and asked him to step from the car after performing a “partial HGN” test on his eyes.



However, once the man stepped from the vehicle – that is when things got interesting. He performed the roadside ...read more