Breakout session 3 | Re-examining "the totality of circumstances" in a DWI arrest

---

Officers sum up their DWI arrest decision based on the "totality of circumstances," but what does that mean? The DWI Detection Process contains three phases. This session focuses on Phases One and Two of the NHTSA training for DWI Detection and Standardized Field Sobriety Testing which officers obtain in the academy. Using real case examples, Ms. Childress will demonstrate case analysis techniques and cross-examination practice tips to weigh evidence, revealing and challenging the totality of circumstances surrounding your client's arrest.
Focus points will include:

• Driving requires divided attention, which is impaired by intoxication.
• The DWI detection process aims to test a driver's ability to divide attention.
• Understand officer training in Phase One - Vehicle in Motion.
• Understand officer training in Phase Two - Personal Contact.
• Reshape your case analysis around this training to issue-spot divided attention ability.
• Develop cross-examination questions to best weigh the totality of circumstances.

Speaker: Denise L. Childress, Childress Legal LLC, Chesterfield

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.