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Examination and Underwriting

John M. Biesiada

DWI / DUI


The effective DWI defense lawyer must be the most knowledgeable participant in the trial. How does a legal professional become this person? First of all you must educate yourself. This meaning a legal professional should set about a course of conduct in which he/she take the same courses or more advanced ones than the officer has taken. The National Highway Traffic Safety Administration (NHTSA) has developed three standardized field sobriety tests- Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and the and One-Leg Stand (OLS). These are the only three tests, at the present time, that have the scientific research linked to identifiable cues observed during the administration of each of these tests. If you really desire to be effective in your defense of DWI clients you should consider obtaining NHTSA training and certification in the standardized field sobriety tests. Along with the training and certification you will be provided with manuals which will be an invaluable resource for the specific standardized manner of performing these tests. These manuals are also quiet helpful during the cross examination of an officer; especially, if he testifies that he recognizes the manual and has read it during his training.

A well planned and effective cross examination is critical in DWI cases. Oftentimes, the defendant does not take the stand either because he does not clearly remember the facts or his prior record prevents him from testifying. Therefore, many DWI cases are won (or lost) with the cross examination of the officer, either at the suppression hearing or during trial.

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