“Whether you handle an occasional DWI and you’d like to do something more creative than plead out, or you can count your DWI cases in the hundreds, you’ll find much of interest here and much that you can use in your next case. … it’s the best book on DWI defense that I’ve seen.”
— Excerpted from the Vermont Bar Journal & Law Digest
“In two thorough yet easily accessible volumes, Patrick Barone lays out the factors involved in representing individuals with driving under the influence. As a criminal defense lawyer for (well) over twenty years, I can tell you that driving under the influence cases can be more demanding than even most felonies…That being said, this is an excellent resource and more than worth the nominal investment required to purchase it.”
— Steve Reina
Many attorneys see the drunk driving case as a no-win situation.
Yet, nationally, about half of the drinking driving cases brought before a jury conclude with the defendant’s acquittal. Twenty years ago one of the country’s pre-eminent attorneys in the field, John A. Tarantino, wrote a comprehensive 2-volume set, Defending Drinking Drivers, to teach trial lawyers how to win. He continued to update it annually until Michigan attorney Patrick T. Barone was selected as the new author in 2006. Mr. Barone brings new insight and enthusiasm to this essential trial manual. Defending Drinking Drivers begins with the “nuts & bolts” of drunk driving defense, then focuses on teaching how to create “reasonable doubt.” The books offer court-tested strategy, practice tips, sample arguments and the most up-to-date case law and statutory changes to keep you on the cutting edge of drunk driving law.
- Identify sources of error in BAC calculations.
- Successfully attack damaging chemical test results.
- Effectively cross-examine the prosecution’s key witnesses.
- Find weaknesses in the use of field sobriety tests.
- Suppress audiovisual evidence.
- Know when and how to use experts cost-effectively.
The book offers practical, step-by-step guidance to handling every phase of a drinking driving trial. Discover thorough analyses of all the chemical and field sobriety tests in use.
Challenge the Test Results
Defending Drinking Drivers explores in detail all current testing procedures, shows you how to turn them into “understandable science” for the judge or jury and, most importantly, outlines the weaknesses of each method. You will find the tools to attack the validity of the tests’ underlying scientific assumptions, effectively move for the dismissal of chemical test results and challenge field sobriety tests.
Defending Drinking Drivers is filled with thought-provoking sample cross-examinations of arresting officers, machine operators and expert witnesses. You will also find practice tips, strategies and current case law to help you demystify the scientific procedures used in testing and weaken the prosecution’s case.
This comprehensive resource will guide you in deciding whether an expert is essential, selecting an expert and using your expert to the full extent. You will also discover tips on turning the prosecution’s expert into a defense witness.
Critical Trial Preparation Tactics
To challenge probable cause, keep the prosecution’s evidence out or file effective motions, you must have a well-prepared case. From the initial client contact to sentencing, Defending Drinking Drivers will guide you through every phase of the case to help ensure that no stone is left unturned.
This 2-volume set is filled with the tactics, motions, case law and sample examinations you need to help your client prevail. Particular attention is given to analyzing specific testing methods and handling expert witnesses. Includes Digital Access to forms, which will expedite your DWI case preparation by putting more than 50 easy-to-use forms from the book at your fingertips.
REVISION 35 HIGHLIGHTS
Defending Drinking Drivers offers court-tested strategy, practice tips, arguments, and recent cases to keep you on the cutting edge of drunk driving law. Get the tactics, motions, case law, and sample examinations you need to help your client prevail.
This edition provides new text, tips, and case analysis on dozens of topics including:
- Breath Test Well Below Legal Limit Relevant to the Question of Whether Individual Was Intoxicated. §121.4.1
- The Prosecutor Need Only Prove that Driver’s Ability, not Actual Driving, Was Impaired by Alcohol. §121.4.2
- Lack of Proximate Cause Leads to Dismissal of Aggravated DUI. §159.2
- Victim’s Comparative Negligence Not Relevant in Proximate Cause Determination. §159.3.
- Lack of Evidence of Impairment Leads to DUI “Less Safe” Dismissal for Lack of Evidence. §161.1
- Glazed Dilated Eyes, Odor and Slow Driving Sufficient to Prove Impairment by Marijuana. §161.3.
- State Fails to Establish Temporal Connection Between Operation and Intoxication. §204.4
- Use of Prior Police Reports to Attack Officer’s Credibility. §401.2.1
- Substitute Breath Test Witness Violates Confrontation Clause. §516.3.1
- Pulling Alongside Stopped Vehicle with Flashers on Constitutes Seizure; Community Caretaker Exception Not Applicable. §5188.8.131.52
- Touching or Crossing Lane Markers Does Not Create a Reasonable Articulable Suspicion. §536.8.9
- Officer’s Mistake of Law Regarding Taillights Not Objectively Reasonable. §5184.108.40.206
- Warrantless Entry into Curtilage of Home Invalid. §5220.127.116.11
- Birchfield Suggests that Arrestee’s Urine Is More Like Blood than Breath and Warrant Is Required to Collect and Test. §538.3.1
- Withdrawal of Consent Results in Blood Test Suppression. §538.3.1
- Lack of Consent or Probable Cause Leads to Suppression of Blood Test and Dismissal of Aggravated DUI. §538.15
- DUI Fee Paid to Forensic Lab Violates Due Process and Renders Blood Test Inadmissible. §538.16
- Blood in the Mouth from Deployed Airbags. §547.12
- Prior Leg Injury and SFST Conditions Compromise Probable Cause Determination. §562.6
- Using Spectrograms During Voir Dire to Dial in on Jurors’ Thoughts and Opinions. §618
- Defendant’s Belligerent Behavior Does Not Relieve Officer of Obligation to Read Implied Consent Rights. §829.3