Handling First Washington DUI Case (2021 Edition)

Matthew Philbrook
Barbara A. Bowden
Nathan Webb
Claire Kintanar
Matthew Philbrook | Philbrook Law Office
Barbara A. Bowden | The Law Offices of Barbara A. Bowden
Nathan Webb | Webb Law Firm
Claire Kintanar | Kintanar Law

On-Demand: November 10, 2021

Handling First Washington DUI Case (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 – Matthew Philbrook

Effective DUI defense begins when the phone rings. Matthew Philbrook will discuss information and strategies helpful to reduce bad evidence after the arrest but before the BAC test and DUI Investigation Interview. For many clients this is their first exposure to the criminal justice system. Matthew will discuss the initial client meeting, common questions, and the importance of educating clients. Information gathering is also critical when memories of events are fresh. Matthew will discuss key elements to the defense of any case.

Key Topics

  • The lawyer’s phone rings in the middle of the night and there’s a Washington State Patrol Trooper on the line. This is a critical moment in a DUI case where a defendant’s trust in your sound advice can have a great effect on the outcome of a case
  • The initial client meeting is an opportunity for the attorney to both learn and educate. Two prongs to every DUI case, Criminal and Administrative
  • The law and evidence often lean heavily toward the State. Gathering the right information from your client is critical to help find the hidden gems which balance the playing field

Session II - Basic Foundation, Breath Tests, Blood Tests, 'Standardized' Field Sobriety Tests, and Department of Licensing Consequences – Barbara Bowden

The basic requirements for admission of breath and blood tests; impact of DOL administrative hearings; and the admissibility of FSTs.

Key Topics

  • DUI breath testing
  • Blood testing
  • FSTs
  • DOL consequences for clients - both as a result of administrative hearings and criminal convictions

Session III - Court Process: Arraignment, Discovery, Pre-trial Conferences, and Motions to Suppress – Nathan Webb

This course will cover the DUI court process and various steps, including but not limited to, arraignment of the defendant, the discovery process (exchange of witness lists, obtaining videos, police reports, complaints, etc.), pre-trial conferences and what to expect and how to prepare for those and motions to suppress/dismiss based upon evidentiary/admissibility issues.

Key Topics

  • Arraignment – how to prepare, what to expect based upon each municipality, when to object to probable cause, how to address bail versus PR release, do you ever enter a guilty plea
  • Discovery – how to obtain the entire packet from the assigned prosecutor’s office, when to ask for supplemental discovery, what are your obligations regarding disclosure of defendant’s discovery
  • Pre-Trial Conferences – what is the purpose, how many can you expect to have, what issues are addressed at this stage
  • Motions to Suppress – opportunity to have a case dismissed on the merits, opportunity to suppress important evidence the prosecution seeks to admit, when to have your client testify, burdens of proof and how to efficiently present your argument

Session IV - The DUI Trial: Common DUI defenses, Voir Dire, Opening Statement, Direction Examination, Working with Experts, Cross Examination, and Arguments – Claire Kintanar

There are different strategies and ways to approach DUI trials depending on what the BAC is, if any, or was it a refusal? Was there a blood draw? Are the blood draw results available or not yet? Is this a drug or alcohol DUI? Experts that might be needed to strengthen the case. How to defend against a Physical Control case. Motions in limine that can cut down a prosecutor’s case.

Key Topics

  • Motions in limine for DUI trials – alcohol vs drug duis; BAC vs blood draw result readings
  • Alcohol DUIs
  • Drug DUIs
  • Refusals

This course is co-sponsored with myLawCLE.

Date / Time: November 10, 2021

  • 3:00 pm – 7:30 pm Eastern
  • 2:00 pm – 6:30 pm Central
  • 1:00 pm – 5:30 pm Mountain
  • 12:00 pm – 4:30 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

Matthew Philbrook_Philbrook Law Office_myLawCLEMatthew Philbrook | Philbrook Law Office

Matthew Philbrook is a 2001 graduate of Gonzaga School of Law. He was an Associate with the firm of Harlan and Brace from 2002 to 2005 where he represented over 200 clients charged with DUI. Matthew formed Philbrook Law Office in 2005 with a passion for leveling the playing field and helping good people get back on track. Over years of approaching cases the right way Matthew has gained a great deal of knowledge and a reputation for success. Philbrook Law Office currently consists of three trial attorneys handling DUI Defense, Criminal Defense, Traffic Infractions, and Personal Injury.

Barbara A. Bowden_The Law Offices of Barbara A. Bowden_myLawCLEBarbara A. Bowden |The Law Offices of Barbara A. Bowden

Barb’s practiced law for the past 35 years with an emphasis on DUIs and traffic infractions. A graduate of University of Puget Sound (UPS) School of Law, over the (loooooong) years, Barb gained an exceptional reputation with prosecutors and judges alike, and even the Washington State Patrol (WSP) and other law enforcement agencies. Barb’s practice was primarily built off of word-of-mouth referrals because she takes her work to heart. Barb’s success at winning DOL hearings far exceeds and outpaces the industry average.

Nathan Webb_Webb Law Firm_myLawCLENathan Webb | Webb Law Firm

Nathan “Nate” Webb was raised in Texas and attended Texas State University (formerly Southwest Texas State University) in San Marcos, TX. He obtained his Juris Doctor from the University of Tulsa College of Law. He is an avid basketball fan and player. He was a member of the Seattle Lawyer’s Basketball League Championship team in 2007 and again in 2009. Nate was honored as a Super Lawyer Rising Star (2009, 2010, 2012 and 2014) by Washington Law and Politics Magazine and as one of Seattle’s Top Attorneys by Seattle Metropolitan Magazine (2012 and 2014). Nate Webb founded the Webb Law Firm in 2005.

For over 17 years, he has emphasized aggressive DUI representation for clients throughout the state of Washington. He is an extremely experienced Seattle Attorney and has successfully litigated over 1000 cases and conducted nearly 100 jury trials.

Nate Webb, is a member of:

  • Washington State Bar Association
  • American Bar Association
  • Phi Delta Phi Legal Honor Fraternity

He is licensed to practice in the following courts:

  • United States Supreme Court
  • United States District Court (Western District of Washington)
  • Washington State (all courts)

Nate enjoys playing golf, basketball, guitar and spending time with his wife and three children.

Claire Kintanar_Kintanar Law_myLawCLEClaire Kintanar | Kintanar Law

As a practicing attorney since 2012, and owner of Kintanar Law, Ms. Kintanar has focused her entire career on criminal defense with a majority of her cases being either DUI or domestic violence cases. She has obtained numerous Not Guilty verdicts after DUI trials. She has been selected as a Rising Star Super Lawyer since 2019 and is currently serving as a public defender for the City of Puyallup, Milton, Auburn, and Maple Valley in Washington State.

Agenda

Session I – Client Interview: Information Gathering, Written Fee Agreement, DOL Hearing, and Ascertaining the Client’s Goal | 3:00pm – 4:00pm
1. Midnight phone call | 3:00pm – 3:20pm

a. Privacy
b. Implied consent
c. Refuse questioning

2. Meeting to Learn and Educate | 3:20pm – 3:40pm

a. Administrative Suspension (DOL)
b. Criminal Prosecution
c. Client’s goals

3. Meeting to gather information | 3:40pm – 4:00pm

a. Stop
b. Reasonable Suspicion
c. Probable Cause
d. BAC Procedure

Break | 4:00pm – 4:10pm

Session II – Basic Foundation, Breath Tests, Blood Tests, ‘Standardized’ Field Sobriety Tests, and Department of Licensing Consequences | 4:10pm – 5:10pm

1. Defending DUIs | 4:10pm – 4:40pm
2. DOL Administrative Hearings | 4:40pm – 5:10pm

Break | 5:10pm – 5:20pm

Session III – Court Process: Arraignment, Discovery, Pre-trial Conferences, and Motions to Suppress | 5:20pm – 6:20pm

1. Arraignment – how to prepare, what to expect based upon each municipality, when to object to probable cause, how to address bail versus PR release, do you ever enter a guilty plea | 5:20pm – 5:35pm
2. Discovery – how to obtain the entire packet from the assigned prosecutor’s office, when to ask for supplemental discovery, what are your obligations regarding disclosure of defendant’s discovery | 5:35pm – 5:50pm
3. Pre-Trial Conferences – what is the purpose, how many can you expect to have, what issues are addressed at this stage | 5:50pm – 6:05pm
4. Motions to Suppress – opportunity to have a case dismissed on the merits, opportunity to suppress important evidence the prosecution seeks to admit, when to have your client testify, burdens of proof and how to efficiently present your argument | 6:05pm – 6:20pm

Break | 6:20pm – 6:30pm

Session IV – The DUI Trial: Common DUI defenses, Voir Dire, Opening Statement, Direction Examination, Working with Experts, Cross Examination, and Arguments Break | 6:30pm – 7:30pm
1. Need to differentiate alcohol vs drug DUIs | 6:30pm – 7:30pm

a. Is there a BAC reading? If not, is this a refusal? Or are we waiting blood draw results – what to do if no blood draw results are available, Attacking the Draeger vs Datamaster
b. Drug DUIs – is there are DRE expert? Understanding a DRE evaluation; Toxicologist interview
c. Experts for drug DUIs
d. DUI trials where there’s no evidence client was driving – Corpus Delicti motions
e. Consumption after driving
f. Physical Control trials – the difference & defenses available
g. MILs
h. Jury Instructions