DUI Defense Attorney Quiz Answers

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  1. If administered correctly, the HGN test takes approximately how long to perform?
    According to an article written by NCDD Fellow Troy McKinney “Horizontal Gaze Nystagmus - How it Works - How to Challenge and Exclude It” it takes 82 seconds to correctly perform the HGN test.
  2. According to NHTSA, speeding is one of the top 30 clues of impaired driving (true/false)
    False. NHTSA manuals are made available to NCDD members that can establish this fact and more.
  3. What effect does holding your breath have on a breath test result?
    Holding your breath can cause the result to increase. Experts that have published articles on this subject frequently offer assistance to NCDD members.
  4. What is the ‘sale of the house’ analogy in DUI closing arguments?
    Credited to attorney and NCDD member Felipe Plascencia, the sale of the house analogy describes the trial as a house, the police officer as the owner, and the prosecutor as the real estate agent. The jury is the potential buyer of the house that the prosecution and police are attempting to convince to buy the house (which is represented to be in excellent condition). The defense attorney is the home inspector who discovers the faults and defects within the house. The faults and defects should create doubt in the minds of the buyers, who then issue a no sale verdict (i.e. not guilty verdict). This and many other techniques are taught to NCDD members through attendance at our NCDD seminars.
  5. What effect does Ringer’s lactate have on blood alcohol testing?
    It has no effect on whole blood testing. However if serum testing is employed using an enzymatic assay method (such as EMIT) then the use of Ringer’s lactate has been shown to cause false-positives or artificially increased alcohol results. the NCDD virtual library contains scientific articles that discuss this problem. By joining, an NCDD member receives access to these materials.
  6. The scientific ratio for determining whole blood alcohol content from a serum test is 1.18 (true/false)
    False. There is actually a range of reported ratios that published scientific articles report as low as 1.10 and as high as 1.50. Members can visit the NCDD virtual library for the materials.
  7. What does the Rho factor in Widmark’s formula stand for?
    Widmark’s formula is used to determine a possible alcohol level at particular point in time using calculations based on factors such as weight, sex, amount of alcohol consumed, and times.
    The formula is A= c x p x r:
    A= amount of alcohol in body (grams)
    C= blood alcohol concentration (mg/g)
    P= body weight (kilograms)
    R= rho (or Widmark factor) which is the volume of distribution of alcohol.
  8. The three phases of NHTSA’s DUI Detection are?
    Found in the NHTSA DWI Detection and Standardized Field Sobriety Student Manuals, they are:
    a. Vehicle in Motion
    b. Personal Contact
    c. Pre-arrest Screening
  9. What are 5 of the 20 myths of breath testing?
    This question is based on NCDD member Lenny Stamm’s published article entitled “THE TOP 20 MYTHS OF BREATH, BLOOD AND URINE TESTING”. Click on the title to learn about all 20 myths. These and many other articles are made available to NCDD members at no additional cost.
  10. What is 'salting out' and how does it effect a blood test’s accuracy?
    A: The chemicals which are added to many blood samples taken by police, sodium fluoride and potassium oxalate, are salts. If too much is added, or the amount of blood placed into the tube is less than the desired amount, then the ratio of salt to blood can become too high. This can cause extra alcohol to leach into the air above the blood sample (i.e. headspace) in the blood vial. If the laboratory uses the headspace method of analysis, the results can become artificially high. Extra precautions must be taken by the lab to counter this phenomona. Dr. Alexander Robert Walker Forrest has written "it has been known for many years that the salting-out of Ethanol can occur in head space vials. For example, in 1983 AW Jones demonstrated that a concentration of 10 milligrams per millilitre of Sodium Fluoride in whole blood would increase the concentration of Ethanol in the head space vial by 8.9%. [Jones AW.(1983).... When I carried out similar experiments using Methanol as the internal standard an apparent rise in the alcohol concentration of about 7% was found when only 0.5 millilitres of sample was added to the RTA vial as compared to the recommended volume. This was because the salting-out effect is greater for Ethanol than it is for Methanol in the head space vial. It has been suggested in the scientific literature, again by Professor A.W. Jones [(Jones AW). Salting-out effect of sodium chloride and its influence on the analysis of Ethanol by head space gas chromatography. Journal of Analytical Toxicology. 18 (5) : 292-3, 1994] that the salting-out phenomenon can be minimalised by diluting the sample and internal standard ten fold in the head space vial to reduce salting-out effects. In fact, the data he presented demonstrate that the salting-out effect is not, in fact, totally abolished by this technique. "

Our members wrote the books on DUI Defense..

  • Taylor and Oberman - Drunk Driving Defense
  • FK Whited III - Drinking/Driving Litigation: Criminal and Civil and others
  • James Farragher Campbell - Defense of Speeding, Reckless Driving and Vehicular Homicide
  • George A. Stein - Georgia DUI Law - A resource for lawyers and judges
  • James Nesci - Arizona DUI Defense: The Law and Practice and others
  • Burglin and Simons - California Drunk Driving Law
  • Stephen Jones - author of Massachusetts Drunk Driving Defense
  • Lenny Stamm - author Maryland DUI Law
  • Gerstenzang and Sills - Handling the DWI Case in New York
  • Donald Ramsell - author of Illinois DUI Law & Practice Guidebook
  • Phil Price - Alabama DUI Handbook
  • Mimi Coffey - Texas DWI Defense
  • Edge and Hunsucker - Oklahoma DUI Defense
  • Steve Oberman - DUI: The Crime and Consequences in Tennessee
  • Victor Carmody - Mississippi DUI Law and Practice
  • James Campbell - Defense of Speeding, Reckless Driving and Vehicular Homicide
  • Cowan, Fox, Kirk - Defending DUIs in Washington
  • Trichter & McKinney - Texas Drunk Driving Law
  • Countless other authors and books devoted to DUI/DWI Defense

We help you when you need it..

 

"I need a repair or operators manual for a certain breath alcohol . . ."

When you join the National College for DUI Defense, your access to documents regarding the operation and functioning of virtually every breath alcohol machine used by law enforcement is just a click away. And you will win more cases.

“I am looking for a scientific article on alcohol or drugs and . . .”

Become a member of NCDD and gain access to an online library which contains thousands of scientific articles dealing with alcohol, drugs, driving, testing, limitations, errors, and everything necessary to become the best attorney and expert in the courtroom. As a member you have the opportunity to attend our annual ‘Mastering Scientific Evidence’ three day seminar to give you added expertise. And you will win more cases.

“I could use some help! I need a motion for an unusual case and unusual facts . . .”

When you join the National College for DUI Defense, it’s like adding 1300 lawyers to your knowledge base and to your law firm. The NCDD listserver provides members access to lawyers and advice that will change a difficult case to one with copies of motions, ideas, and assistance unlike anything you may have received in the past. And you will win more cases.

“I would like some training on DUI issues such as . . .”

The National College for DUI Defense provides training 4 times annually on matters relating to trial techniques, breath alcohol testing, field sobriety testing, blood alcohol testing, drug testing, and persuasion in the courtroom. Join the College and you will receive the best training available to a defense attorney. The Summer Session which is conducted annually on the property at Harvard Law School is unsurpassable. And you will win more cases.

“I need an expert that can testify on . . .”

Members of the National College enjoy access to experts in the fields of toxicology, pharmacology, drug or alcohol testing, blood or breath testing, accident reconstruction and field sobriety testing. If you simply have a question that needs answering, or are looking for a qualified witness for a trial, you will find them through the other members of NCDD. And you will win more cases.

“What effect will this case have on my client’s out-of-state license?”

With over 1300 members representing all 50 states, plus Canada and as far away as South Africa, our members can assist you with any special licensing concerns that might effect that special client of yours. And you will win more cases.

jhall@hallrustomfritz.com
 

As a practicing DUI/DWI Defense Attorney, we invite you to apply to join the 1300 members of National College for DUI Defense by applying online here, or by contacting Rhea Kirk, Executive Director at 334.264.1950 or rhea@ncdd.com.