THE NATION’S TOP DUI ATTORNEYS

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Enter your city, state, or Zip code below to locate a qualified attorney who has demonstrated a commitment to defend those accused of DUI and related crimes.

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Experienced DUI Defense Attorneys

Members of the NCDD are the most experienced DUI defense attorneys in the United States and Canada. Regardless of your location, we can connect you with a lawyer who can help you understand the drunk driving laws in your state or province and work with you to determine your best options for defense.

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NCDD Board Certification

Attorneys who are Board Certified by the NCDD can demonstrate that they have a substantive understanding of DUI laws, evidentiary issues, and effective methods of defense. To become Board Certified, a lawyer must pass written and oral examinations that reflect the knowledge and skills needed for an enhanced level of advocacy in the field of DUI defense.

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ABA: Find a Board Certified Lawyer

NCDD National Task Force Committee List 2021-2022

The National College for DUI Defense National Task Force maintains a number of committees that are intended to provide relevant information to members, represent the positions of the NCDD and the Board, and protect the rights of citizens pertaining to impaired driving cases. The individuals who serve on these committees play an important role in fulfilling the overall goals of the NCDD and its Board.

NCDD Sessions and Seminars

2024 Summer Session

2024 Summer Session

Jul 11, 2024 - Jul 13, 2024

Lessons from Legends Part Two: We're At The Beach As lifelong learners, we should be inquisitive and look forward to new and challenging opportunities to increase our knowledge. Let’s learn together as we listen to some of the nation’s top DUI...

Serious Science: Advanced Course in Blood Drug Analysis and Trial Advocacy

Serious Science: Advanced Course in Blood Drug Analysis and Trial Advocacy

Aug 09, 2024 - Aug 14, 2024

The Serious Science Blood Drug Analysis course is designed to combine hard science and trial advocacy. There is no better course on forensic science and trial advocacy in America. We start with hard science, including hands-on work in the Shimadzu Laboratory....

2024 DWI Means Defend With Ingenuity Seminar: Successful Strategies from the Masters of DUI Defense

2024 DWI Means Defend With Ingenuity Seminar: Successful Strategies from the Masters of DUI Defense

Sep 18, 2024 - Sep 21, 2024

NACDL & NCDD's 2024 Annual Seminar "DWI Means Defend With Ingenuity" Seminar "Successful Strategies from Masters of DUI Defense" will be held September 18-21, 2024 at Planet Hollywood Hotel in Las Vegas, NV. If you are serious about being an effective...

WebinarNATIONAL TASK FORCE WEBINARS

 
NCDD WEBINAR

NCDD’s Mental Health Task Force Webinar Presents: Help for Attorneys in Crisis: Dealing with Addiction, Impairment and Mental Health Issues in the Legal Profession

Sponsored by INTOXALOCK, the Official Alcohol Monitoring Partner of the NCDD

A 60 minute Webinar offered free to NCDD Members Only

When: April 18, 2024 11:00 AM PST / 12:00 PM MST / 1:00 PM CST / 2:00 PM EST

NCDD Journal

Find the latest news and announcements in our journal.

NCDD Journal
Members in the Spotlight

MEMBERS IN THE SPOTLIGHT


Kellee Parker Harris

04/01/2024

Kellee Parker Harris: The NCDD Member in the Spotlight is Kellee Parker Harris of Huntington Beach, California. Kellee currently serves the College as the California State Delegate and the Chair of the Diversity Task Force. Throughout her life, Kellee has experienced broad exposure to the justice system, thanks to her passion for civil liberties and civil rights. Kellee began her journey in...

LATEST FROM OUR BLOG

LATEST FROM OUR BLOG


Autonomous Vehicles

03/04/2024

By Lance Hendron A couple of months ago, I presented an NCDD webinar highlighting the current state of automatous driving. Since the webinar, there have been recent updates concerning the evolution of automatous driving. Probably the most significant update concerns Telsa's recall of two million vehicles considering serious concerns about its autonomous driving features. Per reports, "numerous reported cases reveal shortcomings in...

Breath Testing

Breath Testing

Breath analysis is bar far the most commonly used method of testing for blood alcohol levels. While not nearly as accurate or reliable as blood testing, breath testing has been generally recognized in the scientific community if administered correctly.

Unfortunately, breath testing as currently used, is not a particularly accurate method for truly measuring blood alcohol levels. Even with a perfectly functioning breath instrument, physiological variables make accurate breath measurement nearly impossible.

A number of scientists who have conducted studies of breath-alcohol measurements have concluded that the current breath testing method is inherently unreliable. At least one study concluded that breath test readings vary at least fifteen percent from true blood alcohol levels. Learn more here.

Due to some of the perceived unreliability, the National Safety Council Committee on Alcohol and Other Drugs recommends that all states college at least two separate samples for independent analysis. However, several states still only collect one sample.

There are numerous instruments deployed nationwide by law enforcement. Various versions of the Intoxilizer and BAC Data-Master are used by police departments nationwide. The Intoximeter EC/IR and Drager 7110 and 9510 use both infrared and fuel cell to analyze each sample. Click here to learn more about breath instruments used nationwide by law enforcement.

Each of these instruments operate on infrared spectroscopic analysis, a principle that alcohol vapor captured in a sample chamber will absorb light waves of a certain frequency when light is projected through the chamber. The more alcohol, present in the chamber, the more light that is absorbed. Fuel cells have also become increasingly acceptable methods of measurement.

In order to truly understand the deficiencies in breath testing, one must understand that no matter what instrument is employed the measurement produced will be based on various scientific “presumptions” about that individual. It is important to understand each of these:

1. Blood/Breath Partition Ratio

One of the most basic assumptions a breath instrument makes is that alcohol in water will always obey “Henry’s Law.” That is there is a predictable ratio in the amount of alcohol contained in a liquid (blood) and the vapor above it when heated to approximately 34 c (breath). That acceptable ratio is 2100:1. However there are numerous studies which suggests that this is scientifically inaccurate. Learn more.

2. Interferents in Breath Sample: Acetone and Acetaldehyde

Contrary to popular belief, breath instruments DO NOT test for alcohol. They instead test of any molecule having a carbon/hydrogen bond. That means that there are several substances, normally found on the human breath, which can be detected by breath instruments as alcohol. Learn more about the various studies which have shown the inherent problem with breath sample interferents.

3. Diabetes and Breath Testing.

If a person tested in diabetic there may be at least four separate effects on the accuracy of that breath analysis. First, any state of Ketoacidosis might have radical effects on the accuracy of the reading. Second, an abnormally high amount of ketones on the breath may exist in diabetic clients. This too can detrimentally effect test results. Third, a high amount of acetone on the breath is not uncommon in diabetics. Finally, low blood sugar, a major side effect for diabetics, can mimic intoxication in many ways. To learn more about diabetes and breath testing here.

4. Mouth Alcohol.

Perhaps the most prevalent cause of error in breath testing accuracy is mouth alcohol. This alcohol will contaminate and elevate the readings exponentially. Further, since the breath machine assumes its deep lung air, it then multiplies it by 2100. There are numbers of ways that mouth alcohol can enter the sample chamber and a number of ways that it will effect breath test readings. Learn more about mouth alcohol defense here.

5. Testing During the Absorptive Stage.

Full absorption of alcohol occurs anywhere from 45 – 120 minutes after a person has finished drinking. During this absorptive phase, the distribution of alcohol in the circulatory system is not in equilibrium. That is there is a difference in the alcohol concentration between the arteries and the veins. This can greatly effect breath alcohol readings. Learn more about testing during the absorptive phase here.

6. Hematocrit.

The variability in the composition of blood can actually effect breath testing. Whole blood is made up of a mixture of solids particles suspended in a liquid. The percentage of solid particles to liquid is known as the hematocrit. Since alcohol is water soluble, the higher concentration of liquid in a persons blood will effect the amount of alcohol present in the blood. To learn more about how hematocrit effect breath testing, visit our Virtual Forensic Library here.

7. Body Temperature.

The effects of changes in body temperature from the norm of 98.6 F can and will have radical effects on the accuracy of breath testing. As body temperature changes so too does the 2100:1 partition ratio (discussed above) change. However, a breath testing instrument will not adjust nor even measure breath temperature in most circumstances. To learn more about the effects of body temperature on breath testing, visit our Library here.

8. Breathing Patterns

The way a person breathes just before blowing into a breath instrument may actually effect the accuracy of the readings. Several studies suggest holding a person’s breath or hyperventilating prior to supplying a sample may greatly affect the accuracy of the readings. To learn more about the effects of breath patterns on breath testing, visit out Virtual Library right here.

9. Simulator Calibration.

The accuracy of any breath machine depends on the accuracy of its calibration. Obviously, if a machine is not properly calibrated, its results are not reliable. Calibration of breath instruments is done through the use of simulator solutions. The problem of in accurate calibration often occurs where the solution contains an alcohol concentration that is less than the specified concentration. There are many ways that simulator solutions can lead to faulty and improper calibrations. To learn more about the effect of faulty simulator solutions, visit our Virtual Library here.

There are many other ways that breath testing is susceptible to error and inaccuracies. To learn more about breath test defenses that work, visit our Virtual Forensic Library right here.

Become an NCDD MemberBecome an NCDD Member

 

Benefits of NCDD Membership

Members of the NCDD not only demonstrate that they are qualified DUI defense attorneys, but they have access to valuable information and resources. We provide access to documentation blood alcohol testing devices and scientific articles related to alcohol, drugs, driving, and testing. We offer training on trial techniques and scientific testing, and we provide access to experts and a comprehensive knowledge base of cases and motions. With all of these resources at your fingertips, you will be able to win more cases.

Membership Plans

Depending on your level of experience, we offer multiple plans for NCDD Membership. Attorneys who have been practicing for less than six years are eligible for a New Attorney membership, while those who have been practicing for over six years can receive a Seasoned Attorney membership. We also offer memberships for Public Defenders. Members may select our Auto-Renew option, or they may manually renew their membership each year.

VIRTUAL LIBRARYVIRTUAL FORENSIC LIBRARY

NCDD members have access to a comprehensive forensic library that provides invaluable information to be used when defending clients charged with DUI. This library includes scientific articles on drug and alcohol intoxication, toxicology and pharmacology, methods of testing for blood alcohol content, field sobriety testing, potential errors that may occur during testing, accident reconstruction, expert testimony, and evidentiary rules. This valuable information can ensure that you provide a high quality defense to clients charged with DUI based on the circumstances of their case and the laws in their state.

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