DUII Defense in 2024

Agenda

OCDLA appreciates the work of Bend member Bryan Donahue arranging this year's program. Speakers, topics and times subject to change. CLE credit approval pending for 1 access to justice and 6.75 general credits. 

Friday, March 1

Moderated by: Caleb Gray, Bend

12:00  Check-in/Registration – Coffee and Tea

1:00 Decoding the 2023 Edition of the NHTSA DWI Manual: A Defense Attorney’s Guide

Hugh Duvall, Eugene

When police officers testify that they followed their training while conducting a DUII investigation and the related field sobriety tests – this is the training they are talking about.  Hugh will explain the updated 2023 edition’s organization of this manual.  His primary focus will be on specific instructions within the manual you can use to more effectively cross-examine police officers.  This presentation will not be esoteric.  It will be straightforward and provide practical information and techniques you can implement in your next DUII trial.

2:00 Access to Justice: Identifying and Eliminating Collateral Consequences

Sonja Good Stefani, Director of Community Law Division, Metropolitan Public Defenders, Portland

License suspensions, fines and fees can be barriers to client success. Learn tips to eliminate these collateral consequences for your clients.

3:00 Break/ Door Prizes

3:15 Ignition Interlock Program Update 

Sergeant Kevin Ely, Oregon State Police Ignition Interlock Program

Make sure you are giving your clients correct information about IID requirements, and ensure they're complying with their requirements to have an Ignition Interlock installed in their vehicles. 

4:15 Implied Consent Hearings

Bryan Donahue, Bend

For many, the Implied Consent Hearing can feel like an uninspiring exercise in futility—especially when the rules are heavily skewed against your client. Who wants to go to a hearing where you’re almost guaranteed to lose? However, Bryan Donahue will tell you it’s also one of the most important aspects of the DUII case and where you can have the most fun. He will provide a brief overview of the DMV hearing and then dive into how to use the basic elements of the hearing to improve the likelihood of getting an administrative win. Additionally, he will speak about the important implications for the criminal case. Rather than an exercise in futility, you’ll learn how to use real-world methods that can have a direct impact on the case by “creating” evidence that can lead to a dismissal or a not guilty verdict at trial.

5:15  ADJOURN / Reception, sponsored by Smart Start and Bryan Donahue. 

Saturday, March 2

Moderated by Dena Kalamchi, Hood River 

8:00 Hot Breakfast (included) 

9:00 The Effects of Disease on the Alcohol Breath Test

Dr. Joseph Anderson, Anderson Bioscience, Phoenix AZ,
Bryan Donahue, Bend 

The breath alcohol test was developed and continues to assume that alcohol exchanges within the alveoli, the cul-du-sacs of the lung. Over the last 30 years, peer-reviewed scientific studies have demonstrated the alveolar and other critical assumptions employed are false.

This presentation will briefly examine these assumptions and show, using peer-reviewed scientific data, why they are false.

In addition to the exchange of alcohol, the pumping action of the lung can affect the ability of a subject to provide a breath sample and breath alcohol concentration. Specific lung dysfunctions (e.g., emphysema, asthma, chest injury, etc) can adversely impact the lung pump. As a consequence, some subjects with a poor lung pump may be physically unable to meet the minimum sample requirements for the alcohol breath test. This presentation will discuss the assessment of lung disease and its impact on the ability to provide a breath sample for alcohol testing.

For subjects with gastroesophageal reflux disease (GERD), breath alcohol measurements can be compromised by mouth alcohol contamination. GERD allows alcohol from the stomach to return to the mouth and falsely elevate breath alcohol concentration. The pathology of GERD and how it affects breath alcohol testing will be discussed.

10:45 Break/ Door Prizes

11:00 Voir Dire: The Fun Part of the Case

Peter Carini, Medford

Voir Dire in DUII cases is where you experiment, explore and hone your persuasion talents in a low-cost/high-reward environment. In this presentation, Carini will try to persuade you that voir dire is the part of a DUII case where you have the most fun. 

12:00 State v. Hamilton 

Shannon Mark Mortimer, Portland

1:00  Adjourn