How to Beat a DUI

Description
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Author: James Nesci
ISBN 10: 1-933264-48-9
ISBN 13: 978-1-933264-48-6
Copyright Date Ed: April 1, 2008
Pages: 133 pages
Binding Information: Paperback
Size: 6 ✕ 9 Inches (US)

This book is written for clients to help educate them on the DUI defense process. Purchase your copies today and hand them out to clients. An educated client is your best defense. This book is a guide in helping clients understand what DUI is, with important information on what to do during the DUI stop, during field sobriety tests, and after the arrest. It is meant to foster a dialogue between the attorney and the client, so that the attorney can offer the best defense. Clients will be prepared with what questions to ask and what information may be important to the case. DUI is a serious charge that can leave clients with a permanent criminal record. DUI is a charge worth fighting. Education is your best defense against a DUI charge.

This book is not a license to drive drunk. People who drive drunk can hurt or kill themselves and others. Never take the risk. If you feel that you have had too much to drink to drive safely, don’t drive.

Clients will learn about DUI laws including driving under the influence of alcohol and/or drugs, and DUI in special cases such as piloting and airplane, boating or riding a motorcycle. This book teaches clients about what behaviors attract the attention of offices, and what will happen during a roadblock or DUI traffic stop. The book also tells clients about the different kinds of medical tests performed in DUI cases, and the legal issues surrounding them. Clients will also learn about the court process, choosing an attorney to handle the case and more.

This book is also available as an E-book. Click here to purchase and download:

Topics include:

DUI Laws
Driving under the influence
Boating under the influence
Flying under the influence
Riding a motorcycle under the influence
DUI Stop and Arrest Procedures
Driving behavior
Roadblocks
Field sobriety tests
Chemical testing
Blood Alcohol Calculations
Driver License Issues
The Court Process
Choosing an Attorney
And more!

Chapter 1: DUI Laws
1.1 Chapter Overview
1.2 DUI Impairment Laws
A. Driver vs. Driving
1.3 Per Se Laws
A. Breath, Blood or Urine as a Chemical Test
B. Time of Driving vs. Time of Test
C. Enhancements
1.4 Drugged Driving Laws
A. Impairment
B. Per Se
1.5 Boating Under the Influence
1.6 Flying Under the Influence

Chapter 2: DUI Stop and Arrest Procedures
2.1 Chapter Overview
2.2 Driving Behaviors that Attract Attention
A. Problems Maintaining Proper Lane Position
B. Speed and Braking Problems
C. Vigilance Problems
D. Judgment Problems
E. Detecting Impaired Motorcyclists
2.3 Roadblocks
2.4 Safe Harbor Laws
2.5 DUI on Private Property
2.6 The DUI Traffic Stop
A. What to Expect and What to Do
2.7 Field Sobriety Testing
A. What are Field Sobriety Tests?
2.8 Standardized Field Sobriety Test Battery
A. Horizontal Gaze Nystagmus (HGN)
B. Walk-and-Turn
C. One Leg Stand
2.9 Commonly Used Non-Standardized/Validated Field Sobriety Tests
A. Vertical Gaze Nystagmus (VGN)
B. Romberg Modified
C. Finger-to-Nose
D. Finger Count

Chapter 3: Chemical Testing
3.1 Chapter Overview
3.2 Breath Testing Basics
A. Evidential Breath Testing
B. Infrared Light Absorption
C. Basic Operation of an Infrared Breath Tester
D. Breath Testing: Methods of Attack
3.3 Preliminary Breath Testing
A. Safeguards
3.4 Blood Testing Basics
A. Who May Draw Blood?
B. The Forensic Blood Kit
C. Site cleansing
D. The blood draw
E. Tube inversion
F. Chain of custody and proper specimen handling
G. Laboratory Preparation of the Blood Sample
3.6 Headspace Gas Chromatography
3.7 Should I Have My Blood Re-tested or Have My Own Test Done?
A. Independent test versus referee sample
B. Independent Testing
C. Referee Sample

Chapter 4: Driver License Issues
4.1 Chapter Overview
4.2 Implied Consent Laws
A. The Implied Consent Form
B. Order of Suspension: Notice
4.3 Recantation of Refusal
4.4 Right to Attorney Prior to Taking Chemical Test
4.5 Time Computations
4.6 Reinstatement
A. SR-22 Insurance
4.7 Minors
4.8 Out-of-State Licensees
4.9 Driver License Compact

Chapter 5: Driving Under the Influence of Drugs
5.1 Chapter Overview
5.2 Driving Under the Influence of Drugs While Impaired
5.3 Driving with an Illegal Drug in Your System
5.4 Driving with a Metabolite in Your System
5.5 The Drug Recognition Evaluation (DRE)
A. Drug Evaluation Classification Program (DECP)
B. The Three-Step DRE Process
C. The 12-Step DRE Protocol
D. Deconstruction and Analysis of the 12-Step DRE Protocol
5.6 Nationwide DRE Laws

Chapter 6: The Court Process
6.1 Chapter Overview
6.2 How Should I Act?
6.3 How Should I Dress?
6.4 Initial Appearance
6.5 Pretrial Motions
A. Procedural Motions
B. Substantive Motions
C. Motions in Limine
6.6 Pretrial Hearings
6.7 Trial
6.8 Sentencing
A. Mitigation
B. Substance Abuse Counseling
C. Home-Monitoring
D. Secure Continuous Real-time Alcohol Monitoring (SCRAM)
E. Ignition Interlock Devices
F. Letters to the Judge
6.9 Plea Bargains
A. Guilty vs. No Contest
B. Waiver of Rights
6.10 Collateral Consequences
6.11 Exposure of Prior Offenses
6.12 Immigration Consequences
6.13 Appeals
6.14 Expungement

Chapter 7: Blood Alcohol Calculations
7.1 Chapter Overview
7.2 Determining the One-Drink Potential
7.3 Elimination and Retrograde Extrapolation
7.4 White’s Retrograde Extrapolation

Chapter 8: Choosing an Attorney
8.1 Chapter Overview
8.2 Should I Represent Myself?
8.3 Resources—How Do I Find a DUI Attorney?
A. Attorney Interview
B. Attorney-Client Relationship
C. Fees
8.4 Checklist of Issues to Discuss With Your Attorney
A. The Traffic Stop
B. Facts of the Investigation and Arrest
C. The Police Officer(s)
D. Physical Health and Status at the Time of the Traffic Stop
E. Medications
F. Witnesses
G. Passengers
H. Drivers License Status
I. Prior Criminal History
J. Collateral Issues
K. Costs of the Representation

Index