Friday Morning Plenaries

---

Rising BAC and fermentation issues in DWI alcohol cases | 9-9:50

This session will help you understand that the blood alcohol curve is critical in defending DWI cases.

Takeaways include:

• Time to peak BAC and elimination rate vary greatly between individuals but can be estimated.
• Evidence collection and discovery review can help the DWI layer build a strong rising BAC defense.
• In rare cases, blood alcohol content can rise in a sample that is already collected.

Speaker: Benjamin S. Faber, Faber Law Firm, Columbia           

Attacking the breath test: One sample vs. two samples | 9:50-10:40 a.m.
Don't be worried about changing from a one sample breath to a two sample breath test state. 

Your challenges to evidentiary testing can remain the same, but there are extra nuggets to use when there are two samples when you know what to look for. We'll have a lecture, some forms and even some examples to show you how to make the science work for you regardless of which breath testing device is used in your jurisdiction.

• Breath testing, whether with one or two blown samples, is not an exact science. The challenges to breath testing can range from simple to complicated. Learn how to make it make sense for the jurors.
• Even when the officer manages to do the testing correctly, you still have inherent errors in breath testing. Learn how to make them work for you.
• Whether you are one trial into your practice or 100s of trials in, let's break down breath testing to the basics so you can make science sexy!

Speaker: Virginia L. Landry, Law Offices of Virginia L. Landry, Inc., Aliso Viejo, CA

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.