The exam shall cover the issues and the complexity of DUI defense, including a demonstration of knowledge in substantive, procedural and scientific areas, as well as evidentiary issues, which impact and affect the defense of a person accused of DUI.
In addition to the written examination, the applicant must pass an oral examination. The oral examination will be fashioned as an appellate oral argument or a trial skills exercise, such as the examination of a witness. The oral examination will generally run 10-15 minutes in length. In conjunction with the oral examination, a brief of law or outline of the trial exercise may be required. The applicant will be given further instructions on the examination.
The examination, both written and oral, will attempt to proportionately reflect the knowledge and skills needed for an enhanced level of advocacy in the field of DUI defense.
The examination does not address state-specific laws and/or chemical testing programs. There are many excellent texts that are state-specific, however, for purposes of certification, applicants are encouraged to review materials that are common to the defense of DUI cases throughout the United States. Below is a list of recommended materials that will help the certification applicant prepare for the examination. Where possible, a website or contact number is listed for applicants who do not already have these materials in their library.
Drinking/Driving Litigation: Criminal and Civil, Nichols & Whited, Thomson-West Publishing Co. (1-800-328-4880) (www.west.thomson.com) (5 Volume Set) (supplemented annually) $1143 to $1177
Drunk Driving Defense, 7th Edition (2010), Taylor & Oberman, Aspen Law & Business (1-800-638-8437) (www.aspenpublishers.com) (supplemented annually) $160 to $279
Handling Drunk Driving Cases, 2d (1995), Edward L. Fiandach, Thomson-West Publishing Co. (1-800-328-4880) (www.west.thomson.com) (supplemented annually) $298 to $564
Medical-Legal Aspects of Alcohol, 5th Ed. (2008), James C. Garriott, editor, Lawyers & Judges Publishing Co. (1-800-209-7109) (www.lawyersandjudges.com) $139
Intoxication Test Evidence, 2d Ed. (1995), Edward F. Fitzgerald, Thomson-West Publishing Co. (1-800-328-4880) (www.west.thomson.com) (supplemented annually) $316 to $625
Annotated Model Rules of Professional Conduct, Fifth Edition, (Referencing the Rules adopted in 2002), published by the American Bar Association (1-800-285-2221) (www.abanet.org) or online at no cost at http://www.abanet.org/cpr/mrpc/mrpc_toc.html
DWI Detection and Standardized Field Sobriety Testing, National Highway Traffic Safety Administration (2004). (www.ntis.gov)
Arend, R., Dioquino, T., Burns, M., Fiorentino, D., Brown, T., Gguyen, S., and Seymour, C. (1999). A Florida Validation Study of the Standardized Field Sobriety Test (SFST) Battery. Department of Transportation, State of Florida. (www.ntis.gov)
Burns, M. and Anderson, E.W. (1995). A Colorado Validation Study of the Standardized Field Sobriety Test (SFST) Battery. Colorado Department of Transportation. (www.ntis.gov)
Stuster, J. and Burns, M. (1998). Validation of the Standardized Field Sobriety Test Battery at BACs Below 0.10. US Department of Transportation, National Highway Traffic Safety Administration, DOT-HS-808-839, Washington, D.C. (www.ntis.gov)
Stuster, J.W. (1993). The Detection of DWI Motorcyclists. U.S. Department of Transportation, National Highway Traffic Safety Administration, DOT-HS-807-839, Washington, D.C. (www.ntis.gov)
Tharp, V., Burns, M., and Moskowitz, H. (1981). Development and Field Test of Psychophysical Tests for DWI Arrest. U.S. Department of Transportation, National Highway Traffic Safety Administration, DOT-HS-805-864, Washington, D.C. (www.ntis.gov)
Drinking/Driving Law Letter, Nichols & Whited, 26 times a year, Thomson-West Publishing Co. (1-800-328-4880) (www.west.thomson.com) $400 to $1114 annually
NACDL’s The Champion Magazine, DUI column (202-872-8600 x231) Regular Membership $265 to $290 (publication included in membership) (www.nacdl.org)
DWI Journal: Law & Science, Whitaker Newsletters, Inc., 313 South Avenue, P.O. Box 192, Fanwood, NJ 07023 (908-889-6336)
Seminars & Seminar Materials
National College for DUI Defense, Annual Summer Session in Boston, Massachusetts & Winter Sessions in a different location in the country each year. (www.ncdd.com)
NACDL & NCDD “DWI Means Defend With Ingenuity Seminar” Annual Fall Seminar, Las Vegas, Nevada (202-872-8600, extension 236) (www.nacdl.org)
TCDLA & NCDD “Mastering Scientific Evidence” Annual Spring Seminar, New Orleans, Louisiana (512-478-2514 Ext 24) www.tcdla.com