The first ethical rule for a DUI attorney is set forth at the American Bar Association – Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence. It states,
“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”
DUI/OVI/drunk driving cases are among the most complex and specialized areas of the law. An attorney must be familiar not only with the statutory and case-made law regarding DUI defense, but must have a working knowledge of the NHTSA standardized field sobriety testing methods, the intricacies of the myriad breath testing instruments, chemical testing procedures including gas chromatography and how deviation from a standardized norm, be it biological, chemical or environmental can affect a field test or a blood, breath or urine test. The attorney must also have a breadth of experience pointing him to omissions in the police investigation. It is of great importance to understand the unique procedural requirements of a DUI case and the coordination of a cadre of potential expert witnesses. It requires training, experience and sustained study to master.
Frequently, an attorney will devote a major portion of his or her practice to DUI defense. As I often say, “All I do is DUI defense.” Most of us also undertake to receive advanced training. I have been trained in the NHTSA Student Manual, the ARIDE program, the Drug Recognition Expert protocol, and have achieved proficiency as a Forensic Sobriety Assessment professional. I have further received certification on the BAC DataMaster and the Intoxilyzer 8000 breath test machines. I attend DUI specific Continuing Legal Education classes and advanced DUI seminars such as those put on by the National College for DUI Defense , the American Association of Premier DUI and the National DUI Lawyers Association.
As you can see, a DUI attorney is required to recognize all of the issues in a given case. The case is not a case that should be taken lightly. You should invest in an attorney who has the skill set that can give you a chance to win your DUI case. If you need such a DUI attorney, give me a call at (937) 318-1384.