DWI Journal

The DWI Journal: Law & Science is published monthly, and is written for and subscribed to by attorneys who are determined to win their client’s DWI cases. The Journal’s editorial board includes many of America ‘s leading attorneys and forensic scientists practicing in the DWI field today. The DWI Journal is a legal periodical that is internationally circulated.  It is recommended reading for all lawyers who wish to study for the National Association of Drunk Driving Defense’s certification course.

Reproduced here are the titles of the various articles published in the DWI Journal for many past issues:

 January 2001

 Search Warrant Can’t Trump Statutory Prohibition On Chemical Test Results

  • Juror’s Statements Not Determinative of Impartiality
  • Admissibility of “Medical Purpose” Blood Analysis Results
  • Case Law at a Glance/Litigation Tips

 February 2001

  •  Acetone and Isopropyl Alcohol As Interferents in Blood-Breath Analysis
  • Cross-Examination On Videotape Evidence
  • Case Law at a Glance/Litigation Tips

 March 2001

  •  Evidence Spoliation:  Duty to Gather, Test and Preserve Biological Speciments
  • Questioning Police and Lay Witness Testimony on Intoxication — Part II: An Update on the Science
  • Case Law at a Glance/Litigation Tips

 April 2001

  •  A Discussion of Daubert In the Defense of Alcohol and Drug Impairment Cases
  • Getting Inside the Juror’s Head:A Guide to Effective DUI Voir Dire
  • Case Law at a Glance/Litigation Tips

 May 2001

  •  Permissive Inferences and Cross Examination of State Chemists:  Why the Partition Ratio Can Still be Attacked.
  • When Alcohol is Not Ehtanol
  • Case Law at a Glance/Litigation Tips

June 2001

  • Title 17 Lives Again in California (At Least for a Little While)
  • On the Road to Reason: Prosecution Argument that Drunk Driving Is A Crime of Violence Stalls Out
  • Accidents, Trauma And False BAC Readings
  • Case Law at a Glance/Litigation Tips

July 2001

  • Prosecutorial Misconduct: Improper Attacks On Defense Experts
  • Defendant’s Exhibit A: The Intoxilyzer
  • Case Law at a Glance/Litigation Tips

August 2001

  • Why Other States Should Ignore New Jersey DUI Convictions
  • How to Make Your Opening Statement into a Closing Argument
  • Case Law at a Glance/Litigation Tips

September 2001

  • Attacking the Prosecution’s Machine: How to Transform High Tech Evidence into Low Juror Confidence
  • A Critical Analysis Of Standard Field Sobriety Tests
  • Case Law at a Glance/Litigation Tips

October 2001

  • Representing Truckers in Drug and Alcohol Cases
  • Review of PBT/EBT Correlation Test Results in Massachusetts
  • Case Law at a Glance/ Litigation Tips
  • Book Review: Criminalistics: An Introduction to Forensic Science

November 2001

  • Hypnotic Drugs and Driving Impairment
  • Data Quality Assessment Of Breath Alcohol Measurements Leads to Not-Guilty Verdict
  • Case Law at a Glance/Litigation Tips

December 2001

  • Defending the Driving Under Influence of “Ecstasy” Case
  • A September 11th Adjustment In DUI Defense
  • Case Law at a Glance/Litigation Tips

January 2002

  • When Standard Isn’t Standard: Cross Examining the Officer On Field Sobriety Tests
  • Saturation Patrols & Sobriety Checkpoints: What NHTSA Is Telling Your Adversaries
  • Case Law at a Glance/Litigation Tips

February 2002

  • Challenging Roadblocks After City of Indianapolis v. Edmund
  • Destroying the Myth Of Police-Administered HGN
  • Case Law at a Glance/Litigation Tips
  • Book Review: Forensic Science and the Criminal Law

March 2002

  • Apprendi Does Not Apply to Drunk Driving Cases
  • Field Test of On-Site Drug Detection Devices: A Report by NHTSa
  • Case Law at a Glance/Litigation Tips

April 2002

  • Using PTSD Diagnosis To Defend a Drunk Driving Case
  • Ruse Roadblocks: When Individual Suspicion Doesn’t Exist
  • Ruse Roadblocks:  Is It Suspicious Conduct to Avoid the State’s Unconstitutional Conduct?
  • Case Law at a Glance/Litigation Tips

May 2002

  • For the (QA) Record
  • When an Officer Impedes Right To Independent Test: The Defense
  • Case Law at a Glance/Litigation Tips

June 2002

  • United States v. Horn: Playing Taps For Field Sobriety Tests
  • Book Review: Forensic Science Handbook, Volume 1, 2d Edition
  • Case Law at a Glance & Litigation Tips
  • Prosecutors’ Views on Problems in DWI Trials and How to Solve Them

July 2002

  • The Berkemer Folklore in Specific Law Enforcement Activities
  • Juror Questionnaires In Drunk Driving Cases
  • Case Law at a Glance/Litigation Tips

August 2002

  • A Defense Lawyer’s Evolving Thoughts on Reasonable Doubt
  • Is a Breath Detector A Scientific Instrument?
  • Case Law at a Glance/Litigation Tips
  • When Writing an Op-Ed Piece Can benefit Your Firm
  • Notes from the Field

September 2002

  • Videotaping Can Violate Right to Counsel
  • Yes, Breath Detectors Are Scientific Instruments!
  • Case Law at a Glance/Litigation Tips

October 2002

  • The Luck of the Irish And Drunk Driving Defense
  • Lost Datamaster Ticket No Reason For State to Amend Charge on Day of Trial
  • Case Law at a Glance/Litigation Tips

November 2003

  • When Drunk Driving Isn’t a Crime: The Common law Defense Of Necessity
  • Drunk Driving Is Not A “Crime Against the Person”
  • Case Law at a Glance/Litigation Tips

December 2002

  • Breathing-Related Limitations to the Alcohol Breath Test
  • Ruse Checkpoints Violate Constitution
  • Case Law at a Glance/Litigation Tips

January 2003

  • Stationary Shelter as an Affirmative Defense
  • Developing Themes In DWI Trials: Knowing When to Fight and What to Fight About
  • Case Law at a Glance/Litigation Tips

February 2003

  • Dealing With Defeat
  • Motor Vehicle Trauma and SFSTs: Trap for the Scientifically Unaware
  • Playing to Win!  Tips on the Practice of DUI Law
  • Case Law at a Glance/Litigation Tips

March 2003

  • Study Finds Judges Would Reduce Standars for Trial of DWI Cases
  • Using Words, Phrases and Messages to Defense-Oriented Jurors
  • Substance Use Problems Among Emergency Room, Trama  Patients
  • Case Law at a Glance/Litigation Tips

April 2003

  • Intoxilyzer Model 5000: Inappropriate Bolstering
  • Winning the Drunk Driving Felony Trial Without Attacking the Victim
  • Case Law at a Glance/Litigation Tips

May 2003

  • The Romberg Balance Test:  Differentiating Normal Sway from Alcohol-Induced Sway
  • A Pair of Show Stories or How to Take a Step Toward Reasonable Doubt
  • Case Law at a Glance/Litigation Tips

June 2003

  • Using The Total Body Water (TBW) Approach to Calculating BAC
  • Field Sobriety Tests are Searches, But Suspect Needn’t Be Told of Right to Consult Counsel
  • Case Law at a Glance/Litigation Tips
  • Conforming Products List of Evidential Breath Measurement Devices

July 2003

  • A Study of the Reliability of Over-the-Counter Breath Alcohol Test Devices
  • Jury Selection in the Worst Cases
  • Case Law at a Glance/Litigation Tips

August 2003

  • Attaching Expert’s Qualifications
  • Admissibility of Urine Testing in Driving Under the Influence Cases
  • Order Granting Defendants’ Amended
  • Motion to Exclude Urine Results
  • Case Law at a Glance/Litigation Tips

September 2003

  • Don’t Concede the Corpus: Make the State Prove the Defendant Was Driving Under the Influence
  • Good Enough for Government Work — Update 2003
  • Case Law at a Glance/Litigation Tips

October 2003

  • DUI Tags and Discretionary Stops: An Unconstitutional Combination
  • The State’s Real Problems In Low Reading With Underaged Drinkers
  • Case Law at a Glance/Litigation Tips

November 2003

  • Effective Cross-Examination Is Key To Successful DWI Defense
  • Guiding the Jury to Reasonable Doubt In Closing Argument
  • Case Law at a Glance/Litigation Tips

December 2003

  • Analogies and Anecdotes, Part VI: Crickets, Coins, Clocks and Clowns
  • “The Lighter Side of Drunk Driving”
  • Case Law at a Glance/Litigation Tips

January 2004

  • Alveolar Air – Forensic Scientists Have It Wrong!
  • Attacking the Pre-Test Observation Period
  • Case Law at a Glance/Litigation Tips

February 2004

  • How to Daubert-Proof the Defense Expert
  • Separation of Powers and Motor Vehicle Agency’s Authority to ‘Void’ Limited Driving Privileges
  • Case Law at a Glance/Litigation Tips

March 2004

  • Illinois v. Lidster: A New Roadblock to Defense Attacks on Sobriety Checkpoints
  • The Calibration of Breath-Alcohol Analyzers with Simulator Solutions: The Accuracy Factor
  • Case Law at a Glance/Litigation Tips

April 2004

  • New Jersey: Unacceptable Breath Test Refusal Rate and Alcotest 7110
  • Why Courts Aren’t Unanimous On Anonymous Informants
  • Case Law at a Glance/Litigation Tips

May 2004

  • Combination” DUI Cases: Alcohol and Othe Drugs — The Explosion of New Polydrug Arrests
  • Warrantless Entries Lead To Unwarranted Charges
  • Case Law at a Glance/Litigation Tips

June 2004

  • HIPAA: New Weapon in DUI Cases
  • Dealing With the Percipient Witness
  • Case Law at a Glance & Litigation Tips

July 2004

  • How to Gain Control Of the Prosecution Expert
  • New Jersey Alcotest 7110 Opinion Finally Published: Coincidental Happenstance?
  • Why Many Commercial Ethanol-Laden Solutions Can Produce False Positives
  • Case Law at a Glance/Litigation Tips

August 2004

  • Dealing with the Refusal In Closing Argument
  • Driving With Drugs in Urine
  • Case Law at a Glance/Litigation Tips
  • Book Review: Criminalistics 8th ed.

September 2004

  • Applying Crawford To Drunk Driving Cases
  • The Problem With Field Sobriety Exercises
  • Case Law & Litigation Tips

October 2004

  • What Does Blakely Mean For Drunk Driving Defense?
  • NHTSA’s Drugs and Human Performance Fact Sheets
  • Cannabis and Human Performance
  • Case Law & Litigation Tips

November 2004

  • U.S. Supreme Court Weighs In: Drunk Driving Is Not A Crime of Violence
  • Blood Alcohol Determination-Part I: Collection and Storage of Specimen
  • Case Law & Litigation Tips

Patrick T. Barone began as the Executive Editor of the DWI Journal: Law & Science with the December 2006 issue, and replaced the interim editor, Mr. William C. Head of Atlanta , Georgia who was named to the position in 2006.  Previously, the DWI Journal: Law & Science had been edited since 1986 by Providence , Rhode Island attorney John A. Tarantino. Upon learning of Mr. Head’s resignation, Mr. Tarantino suggested that Mr. Barone assume the editorship, and the publisher agreed to appoint Mr. Barone to this position.