Criminal defense attorneys gather for advanced training in science and trial advocacy

Listen to this article

Last week, a sold-out crowd of criminal defense attorneys from across the country gathered at the National College for DUI Defense (NCDD) seminar, Advanced Training in Blood Alcohol Analysis and Trial Advocacy. This specialized course was led by Milwaukee Attorney Andrew Mishlove, NCDD Dean and partner at Mishlove & Stuckert, LLC Attorneys at Law.

The course was designed to combine hard science and trial advocacy, he noted.

“This really is the preeminent course on forensic science and trial advocacy in the country,” said Mishlove.

“The session begins with a focus on science, where—over the course of three days—attendees learn the basics of metrology and blood alcohol analysis. Then we introduce more complex blood drug analyses and attendees gain hands-on experience preparing and analyzing their own blood alcohol samples,” he added.

Science plays a central role in criminal cases involving a charge of Operating While Intoxicated (OWI) or Driving Under the Influence (DUI). Blood alcohol concentration (BAC) is determined by testing the alcohol level in the suspect’s blood; when a BAC is 0.08% or higher, the suspect is considered legally impaired in the United States, and charges of OWI or DUI may be brought against the driver, according to Mishlove.

“Blood alcohol concentration forms the basis of many drunk driving cases,”  Mishlove added. “What criminal defense attorneys learn through this program is how blood alcohol levels are measured, how specimens are prepared, how lab errors can occur, and what to ask for in discovery in blood alcohol cases. This knowledge enables us to better defend our clients,” he said.

After the first three days, the focus of the seminar shifted from hands-on laboratory training in scientific methods to learning about trial advocacy and how to discuss the scientific methods used in drunk driving cases, Mishlove noted.

“As criminal defense attorneys, we are challenged with presenting the best possible defense for each of our clients,” Mishlove said.

“Part of doing that involves explaining complex scientific methodology to the jury in a language they can understand. This course reviews scientific concepts with scientists from the University of Texas-Arlington, and teaches trial skills techniques developed by the Trial Lawyers College, including voir dire and cross examination,” he added.

According to Mishlove, his firm has successfully challenged OWI and DUI laws for their clients, with more than 40 years of experience achieving dismissals and reduced charges.