The Basics of DUI Defense
Written by Deborah Frederick
A DUI case might come across your desk, and if you are new to the area, you might not know how to handle the case at first. Terms such as Horizontal Gaze Nystagmus and Romberg might be completely foreign to you. You may not know the difference between a Negligent Driving in the First Degree plea bargain and a Negligent Driving in the Second Degree offer. What to do? Following are some of the basic tools you will need to effectively handle your first DUI case.
1. Defending DUIs in Washington by Douglas L. Cowan, Stephen W. Hayne and Jon Scott Fox.
This book will lead you through handling a DUI case. It starts with the 2:00 a.m. phone call and leads you through plea bargaining, deferred prosecutions, and pretrial motions. Especially helpful is the chapter on the Initial Interview. This chapter lists a series of questions, starting with the defendant's medical history and going through the roadside tests and the breath test. The book explains why all these questions are so important and helps you with issue spotting. It also contains extensive trial help, such as cross-examination of the arresting officer.
2. Washington Association of Criminal Defense Lawyers (WACDL) e-mail listserve.
The WACDL is a great association to belong to, and its e-mail listserve always contains the latest in what is happening with DUIs in Washington State. Questions can be posted, and others are eager to help. This is a great resource for learning about DUIs and having your questions answered, especially if you want to know how individual judges are ruling on an issue, such as the Constitutionality issue currently under consideration by the Washington State Supreme Court. The website can be found at www.wacdl.org/member_info.
3. The National College of DUI Defense.
This national organization has a very informational website at www.ncdd.com. Articles include The Twenty Most Frequently Asked Questions About DUI Defense, Field Evidence: Cross Examination on Horizontal Gaze Nystagmus, and Washington Drinking-Driving Penalties with RCW as of July 1, 2005. The college website also offers trial graphic for sale, such as the SFST Board Set and the HGN Measuring Unit. Becoming a member grants you access to their e-mail listserve where you can find the names of the best expert witnesses for your defense.
4. The Washington Foundation for Criminal Justice has a yearly seminar on defending DUIs.
Extensive information is given out at this seminar. This year alone, participants received information on probable cause, legislative/case law updates, destroying the datamaster, and defying the Department of Licensing. A great place for information, either find a local attorney with a copy or contact The Washington Foundation for Criminal Justice to see if you can still buy a copy.
5. Individual Websites.
Several individual websites of some of the top DUI attorneys in the state offer plenty of information. Several informational articles can be found at www.seattleduilawyer.com/articles.html. Likewise, www.glblaw.com/dui/terms.html has a glossary of terms to get you started. And www.waduidefense.com/WaDeptofLicensing.html has information and forms for fighting the suspension of your client's license by the Department of Licensing.
6. If all else fails, walk down the hall to a neighboring attorney's office who you know handles criminal defense and ask any questions you might have.
The first DUI can be difficult, especially if you are handling an accident or a blood draw. But the above places are great places to go for the latest in what you need to know to provide effective legal representation.
Written by Deborah Frederick. Ms. Frederick is an attorney at her firm, the Frederick Law Firm in Bellingham, Washington. She is a member of the Washington Association for Criminal Defense Layers, the ABA, the WSBA, WSTLA and serves as the Secretary for the Whatcom Women Lawyers chapter of the Washington Women Lawyers group. She can be reached at 360-961-0774 or fredericklawfirm@msn.com.
