Those charged with DUI/OUI offenses (both being acronyms which mean same thing, but are titled differently depending on the State where the arrest occurred) and other alcohol-related offenses are often trying to find the attorney best-fitted to represent them. Of course that makes sense. In the same way that a person needing a serious medical procedure would want to find a doctor with specialized training and experience best-suited to assist in their particular situation, criminal defense is no different.
All of the attorneys at Bowser Law have received certifications approved by the National Highway Safety and Traffic Administration (commonly called “NHTSA”). NHTSA is a Federal Agency tasked with coordinating, standardizing, and training law-enforcement officers in impaired driving enforcement. NHTSA is the organization which created “standardized field sobriety testing,” and many other common tactics used by law enforcement when investigating and prosecuting cases involving impaired driving.
To gain this certification, the attorneys at Bowser Law have attended the SAME training given to police officers. This means we have reviewed and obtained the same written materials given to the officers; taken the same in-person practical examination officers must pass; and passed the same written test officers are required to pass to become “NHTSA Certified.” In my case, this included attending two “wet labs,” which is a testing environment where volunteers are given varying quantities of alcohol, and students are expected to use their training to identify and separate individuals with blood alcohol content levels above, below, and at a .08 value using the NHTSA training techniques (I was able to do so more than once).
How can this be used to our clients’ advantage as defense attorneys? Well, there are certain protocols officers must follow which are specific to an impaired driving investigation. To give one example, before a police officer asks a person to exit their car during an impaired driving investigation, they have been trained to look for up to fifty-eight (not a typo) different observable clues used to support an arrest decision before a suspect has taken even a single “field sobriety test.” Additionally, there are several common mistakes, oversights, and “pitfalls” I regularly observe officers make administering field sobriety tests. Such mistakes may invalidate or erode the value of a test entirely pursuant to NHSTA standards.
Being able to point out where an officer failed to properly use their training pursuant to their NHTSA training can be one of the most effective tools used when defending a client charged with a drunk driving offense. At Bowser Law, we believe the only way to optimally utilize this method of defense is by attending and passing the same training given to the officer who made the arrest.
Shane regularly advocates for clients charged with DUI/OUI offenses throughout New Hampshire and Massachusetts. He is NHTSA Certified in DUI and field sobriety testing procedures. Contact Shane to schedule a free consultation and learn how he can help assist in your case by calling Bowser Law today at (978) 256-2700.
