Preparing for the Exam

The exam shall cover the issues and the complexity of DUI defense, including a demonstration of knowledge in substantive, procedural and scientific areas, as well as evidentiary issues, which impact and affect the defense of a person accused of DUI.

In addition to the written examination, the applicant must pass an oral examination. The oral examination will be fashioned as an appellate oral argument or a trial skills exercise, such as the examination of a witness. The oral examination will generally run 10-15 minutes in length. In conjunction with the oral examination, a brief of law or outline of the trial exercise may be required. The applicant will be given further instructions on the examination.

The examination, both written and oral, will attempt to proportionately reflect the knowledge and skills needed for an enhanced level of advocacy in the field of DUI defense.

The examination does not address state-specific laws and/or chemical testing programs. There are many excellent texts that are state-specific, however, for purposes of certification, applicants are encouraged to review materials that are common to the defense of DUI cases throughout the United States. Below is a list of recommended materials that will help the certification applicant prepare for the examination. Where possible, a website or contact number is listed for applicants who do not already have these materials in their library.

Texts

• Drinking/Driving Litigation: Criminal and Civil, 2d, Flem K. Whited III, Thomson-West Publishing Co. (1-844-209-1086) (Multi-Volume Set) (supplemented annually)
• Drunk Driving Defense, 9th Edition (2021), Lawrence Taylor, Steven Oberman (also available on Amazon)(supplemented annually)
• Annotated Model Rules of Professional Conduct, published by the American Bar Association (1-800-285-2221) available online at no cost.

Publications/Manuals/Studies

• DWI Detection and Standardized Field Sobriety Testing, National Highway Traffic Safety Administration. The relevant materials may be downloaded at no cost.
• Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) Manuals. The relevant materials may be downloaded at no cost.

Periodicals

• Drinking/Driving Law Letter, Flem K. Whited III, editor, Thomson-West Publishing Co. (1-844-209-1086)

Seminars & Seminar Materials

• National College for DUI Defense Annual Summer Session held each July in Cambridge, Massachusetts (near Boston)
• Winter Sessions held in a different location in the country each January
• NCDD & TCDLA Mastering Scientific Evidence held each spring in New Orleans
• Serious Science for Serious Lawyers held annually in Arlington, Texas
• SFST Student Course held periodically in a different location in the country
• SFST Instructor Course held periodically in a different location in the country
• NCDD & NACDL "DWI Means Defend With Ingenuity"™ Seminar Annual Fall Seminar, Las Vegas, Nevada

Seminar Materials available in the NCDD Bookstore