Handling a DWI Case in Texas (2021 Edition)

Joseph Hoelscher
John J. Eastland
Christopher M. McKinney
Joseph Hoelscher | Hoelscher, Gebbia, Cepeda PLLC
John J. Eastland | Attorney at Law, P.C.
Christopher M. McKinney | Doug Murphy Law Firm

Live Video-Broadcast: December 21, 2021

Handling a DWI Case in Texas (2021 Edition)
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Program Summary

Session I - Client Interview: Information Gathering, Written Fee Agreement, DOL Hearing, and Ascertaining the Client’s Goal and Ethics – Joseph Hoelscher

Attorneys will learn about the ethics of client communication, including the legal and ethical best practices for Texas fee agreements. Key elements of the attorney-client relationship, such as setting expectations, reasonable communication, common causes of deteriorating client relationships, will be covered in detail from intake through termination of the attorney-client relationship. Over a dozen forms included. State Bar and other ethics resources will be provided.

Key Topics

  • Ethics of client communication
  • Key elements of the attorney-client relationship
  • State bar and other ethics

Session II - The Basics of DWI Science: Foundation, Breath Tests, Blood Tests, When is Alcohol “In the System”? and “Standardized” Field Sobriety Tests – John Eastland

Attorneys can expect to learn fundamentals of alcohol, breath, and blood testing and the SFSTS. They will learn about fundamentals for alcohol absorption, distribution, metabolization and elimination, pros and cons of retrograde extrapolation. Breath testing instrument theory, function, and process of execution will be included as well as blood testing from puncture to analysis report. John will go over select trial applications and tactics for attorneys.

Key Topics

  • Fundamentals of alcohol, breath and blood testing and the SFSTs
  • Fundamentals for alcohol absorption, distribution, metabolization and elimination
  • Retrograde Extrapolation pros and cons
  • Tolerance pros and cons
  • Breath testing instrument theory, function and process of execution
  • Blood testing from puncture to analysis report
  • Select trial applications and tactics for attorneys

Session III - Court Process and the DWI Trial – Christopher McKinney

Attorneys can expect to learn about all the critical stages of the criminal trial process for Driving Under the Influence (DUI) / Driving While Intoxicated (DWI) cases in Texas—from the client’s initial appearance in court to the day they hear those two beautiful words—Not Guilty. This presentation will prepare a lawyer to identify common issues in DUI/DWI cases and exploit the prosecution’s evidence by weaving a consistent and compelling narrative throughout all phases of trial.

Key Topics

  • Overview of Texas DUI/DWI crimes and court processes and how certain charges or situations affect a client’s experience in a criminal trial
  • Fourth Amendment principles in DUI/DWI traffic stops, interrogations, and forensic testing
  • How to effectively use common DUI/DWI defenses
  • Telling your client’s story and getting the jury on your side, from start to finish

This course is co-sponsored with myLawCLE.

Date / Time: December 21, 2021

  • 12:00 pm – 4:30 pm Eastern
  • 11:00 am – 3:30 pm Central
  • 10:00 am – 2:30 pm Mountain
  • 9:00 am – 1:30 pm Pacific

Choose a format:
•   Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.
Closed-captioning available

Speakers

Joseph Hoelscher_Hoelscher, Gebbia, Cepeda PLLC_myLawCLEJoseph Hoelscher | Hoelscher, Gebbia, Cepeda PLLC

Joe Hoelscher is a veteran of over 100 trials who regularly handles DWI, intoxication assault/manslaughter, and other felony intoxication offenses. He is the author of “Texas Drunk Driving Law,” published by LexisNexis/Matthew Bender, a regular CLE presenter, and Board Member of the Texas Criminal Defense Lawyers Association. Known for handling high-profile cases, often involving child welfare issues, his cases routinely receive national media coverage and he has appeared as a commentator on legal issues for outlets as diverse as Rolling Stone, O: The Oprah Magazine, Washington Post, and every major network. In addition to a J.D. with Concentration in Criminal Practice from Baylor School of Law, Joe has earned Master’s Degrees in International Relations and Communications Studies. Joe is the President of Hoelscher Gebbia Cepeda PLLC law firm in San Antonio, Texas.

 

John J. Eastland_Attorney at Law, P.C._myLawCLEJohn J. Eastland | Attorney at Law, P.C.

John is a Tyler, Texas Lawyer practicing exclusively DWI defense throughout East Texas. He graduated Houston South Texas College of Law in 1984. He is a 32-year member of Texas Criminal Defense Lawyers Association and member of its DWI Resource Committee. He also is a member of the Smith County Criminal Defense Lawyers and twice past president, National College for DUI Defense, and DUI Defense Lawyers Association. He is certified as Instructor for the Standardized Field Sobriety Tests, Practitioner for A.R.I.D.E., certified for the Forensic Gas Chromatograph, having attended the Axion Laboratories course as well as Serious Science sponsored by NCDD, and also certified for the Intoxilyzer 5000. He is seriously dedicated to zealously defending only citizens accused of DWI.

 

Christopher M. McKinney_Doug Murphy Law Firm_myLawCLEChristopher M. McKinney | Doug Murphy Law Firm

Chris is a Houston-based criminal defense attorney at the Doug Murphy Law Firm. Chris is board certified in criminal law by the Texas Board of Legal Specialization. Chris is a former veteran felony prosecutor in the Vehicular Crimes Division of the Harris County District Attorney’s Office. As a special crimes prosecutor, Chris frequently lectured and trained other prosecutors on trial strategies in serious bodily injury and DUI/DWI death cases. Chris also trained law enforcement on how to effectively conduct crash investigations into alcohol and drug-related accidents that resulted in serious bodily injury and death. Chris now utilizes this experience and expertise in private practice and focuses on defending those accused of DUI/DWI and serious bodily injury and DUI/DWI death cases. Chris is a faculty member of the National College for DUI Defense. Chris graduated from South Texas College of Law and received his undergraduate degree from Texas A&M University.

Agenda

Session I – Client Interview: Information Gathering, Written Fee Agreement, DOL Hearing, and Ascertaining the Client’s Goal and Ethics | 12:00pm-1:00pm
I. Ethics of client communication | 12:00pm-12:20pm
II. Key elements of the attorney-client relationship | 12:20pm-12:40pm
III. State bar and other ethics | 12:40pm-1:00pm

Break | 1:00pm-1:10pm

Session II – The Basics of DWI Science: Foundation, Breath Tests, Blood Tests, When is Alcohol “In the System”? and “Standardized” Field Sobriety Tests | 1:10pm-2:10pm
I. Fundamentals of alcohol, breath and blood testing and the SFSTs | 1:10pm-1:20pm
II. Fundamentals for alcohol absorption, distribution, metabolization and elimination | 1:20pm-1:30pm
III. Retrograde Extrapolation pros and cons | 1:30pm-1:40pm
IV. Breath testing instrument theory, function and process of execution | 1:40pm-1:50pm
V. Blood testing from puncture to analysis report | 1:50pm-2:00pm
VI. Select trial applications and tactics for attorneys | 2:00pm-2:10pm

Break | 2:10pm-2:20pm

Session III – Court Process and the DWI Trial | 2:20pm-4:30pm
I. Overview of Texas DUI/DWI crimes and court processes and how certain charges or situations affect a client’s experience in a criminal trial | 2:20pm-2:50pm
II. Fourth Amendment principles in DUI/DWI traffic stops, interrogations, and forensic testing| 2:50pm-3:20pm

Break | 3:20pm-3:30pm

III. How to effectively use common DUI/DWI defenses | 3:30pm-4:00pm
IV. Telling your client’s story and getting the jury on your side, from start to finish | 4:00pm-4:30pm