DUII Defense in 2020
March 6–7, 2020 | Hood River Inn
Friday, March 6
Moderated by Christine Breton, Multnomah Defenders, Inc.
 
12:00 | Registration

1:00 | It's Not a Speech It's a Story: Opening and Closing Statements
          Andrew Mishlove, Glendale WI  • About.
A top-tier DUII defense lawyer in Wisconsin and on the governing board of the National College for DUI Defense, Mishlove’s 90-minute presentation will cover issues from blood collection, blood testing, gas chromatography, elements of the defense case, topics of cross, discovery and much more.

Jennifer E. Souders, MD, Souders Independent Medical Consultations, PLLC, Medical Director, The Diet Doc, LLC and The National Academy of Metabolic Sciences, Seattle • About
Dr. Souders had to cancel plans to present this year, although her written materials are still extremely helpful. She is offering attorneys a 15-minute consultation about cases, simply send an email to schedule. She would consult about blood, urine, co-existing medical conditions, injuries or any other factors that may be relevant to DUII (or other) cases. 

2:00 | Defending the Cannabis DUII 
            Justin Morehouse, Canyon City
Just how readily can the state prove its case in a cannabis DUII?  In this timely presentation, Morehouse demonstrate how you can prove it can it by exploring opportunities to dismantle the case via inadequacies of the DRE to evaluate for cannabis intoxication, challenges to raise against the toxicology report, and practical tips for working with the jury. 

2:45 | Break

3:00 | Appellate Update
            Sara Werboff, Office of Public Defense Services, Salem
A fast-paced rundown of the critical cases to help you defend your clients in the new decade!

3:30  | Blood Alcohol from Test Tube to Printout
            Andrew Mishlove, Glendale WI 

5:00 | Adjourn / Reception • Sponsored by Smart Start.


Saturday, March 7
Moderated by Richard Balsley, Hood River

8:00a | Continental Breakfast (included)

9:00| Crossing the DRE: Using Their Own Materials Against Them
Neil Halttunen, Former Drug Recognition Expert, and Mingo Vidrio, Former Drug Recognition Expert, Dallas
From the belly of the beast: Get the insights from two former Drug Recognition Experts.

10:00 | Lawyers Helping Lawyers: Talking About Substance Use and Mental Health in the Legal Profession – Substance Abuse/Mental Health Credit
            Steve Doyle, Portland
            Bryan Welch, Oregon Attorneys Assistance Program
Most DUII lawyers are used to talking about substance abuse with clients, but stigma and fear of professional consequences can keep lawyers from asking for help for themselves, or from reaching out to a colleague who shows signs of struggling. Research shows that lawyers experience problem substance use, depression and anxiety at rates much higher than the general public.  In this presentation, participants will learn to recognize signs and symptoms of substance use and mood disorders, and learn strategies for reducing stigma and supporting colleagues who need help. Bryan Welch, a graduate of Northwestern School of Law at Lewis and Clark College (JD 2003) and a Certified Alcohol and Drug Counselor, is in long -term recovery from alcohol, has experience providing drug and alcohol counseling services for a court-mandated DUII treatment program and as a group facilitator.  Steve Doyle, a criminal defense attorney and recovering alcoholic, will relate his personal journey to recovery.

11:00 | Break

11:15 | Uncontrolled Human Factors Compromise the Accuracy of the Alcohol Breath Test
             Joe Anderson, PhD, Anderson Bioscience, Affiliate Assistant Professor of Bioengineering, University of Washington, Seattle • About
With a PhD in chemical engineering and testifying in more than 250 cases nationwide, Dr Anderson’s expertise focuses on the new paradigm of lung alcohol exchange and factors affecting the measurement of breath and skin alcohol. His presentation will examine the false assumptions concerning the use of breath alcohol concentration and show, using peer-reviewed scientific data, why they are false. Numerous health factors such as exhaled breath volume, breathing pattern, and breath temperature adversely affect the accuracy of breath alcohol measurement. Anderson will explain how each factor can affect the breath alcohol measurement, and discuss strategies for presenting all of these breath test issues at trial.

12:15 | Lunch (included)

1:15 | Creating Reasonable Doubt: How to Use the State’s Case Against Them
            Bryan Donahue, Bend
Most of the time, Donahue says, reasonable doubt is all we’ve got at trial. Trying these cases is a labor of love and he’ll cover his strategies of deploying the state’s case to best defense advantage.

2:15 | Break

2:30 | Attacking the Act: Driving as the Volitional Act of DUIIs
            Damien Donnelly-Cole, Portland  
Is evidence of a person’s mental state irrelevant to allegations of DUII? Donnelly-Cole will discuss how the requirement of a voluntary act provides an avenue for a person’s mental state to become a relevant, and pivotal, part of a DUII trial.

3:30 | Ethics Overview: Recent Decisions, Steps in an Ethics Complaint, and More Ethics Credit  
            Erin Kirkwood, Multnomah Defenders, Inc., Portland
A review of common ethical issues faced by criminal defense attorneys, including recent ethics decisions, judicial code issues, trends, and steps in an ethics complaint.

4:30 | Adjourn
 

Program and speakers subject to change.