DUI Expert Witnesses

If you are facing a DUI, chances are that you are willing to do any and everything in your power to prevent a conviction from hitting your record. A conviction for driving under the influence can result in high costs and fines, costly attorney fees, the suspension or revocation of your driving privileges or even worse—jail time for repeat offenders. It never pays to drink and drive, but there is such a thing as a wrongful arrest. In such a case, your attorney may consider bringing in experts to testify on your behalf and refute evidence in a few different areas.

The Field Sobriety Test

The field sobriety test,or the portion of the traffic-stop in which the officer asks the defendant to walk in a straight line,stand on one leg, touch their toes, count backward from 100 and other similar tasks,is not necessarily the most reliable scientific tests. On occasion, it is possible for a person to fail these tests and still be pretty sober. Considering that these stunts are a measure of coordination, someone who was never coordinated in the first place may have a bit of trouble with them.

On the flip side, a person that was arrested for driving under the influence of alcohol butpassed the field sobriety test could also present an issue. Such a case as this may also require expert testimony. Many cases like this will require the defendant to perform the same type of field sobriety test in the courtroom as they did on thestreet. If you did okay on the field sobriety test originally, a good expert witness may be able to help prove that you were not impaired at the time of driving. Physical impairment andmental impairment are different things,and alcohol has negative effets on the mind before the body. In this sense, it may be possible to prove that the impairment could have been caused by something non-alcoholic.

Alcohol Level

An expert witness may also be called in to testify about the alcohol level of the defendant at the time they were driving as opposed to the time they were tested. In most cases, the blood alcohol level usually becomes lower over time, so a test can help to determine whether or not a person was impaired at the time of driving. In some cases, this is not always the case. There is such a thing as a blood alcohol content that rises over time, but an expert witness testimony may be needed to prove this. This is very technical and not the kind of thing that your attorney can prove on his own. An expert witness may not be able to completely refute the issue, but they may be able to effectively raise a reasonable doubt as to whether or not the defendant is actually guilty and able to be convicted of drinking and driving.

Reconstructing the Scene of an Accident

When accidents are involved in DUI cases, things are even more serious. Such cases are more difficult to defend and the stakes are often higher than in traditional DUI cases—especially if someone was injured or even killed in the accident. This is when it is the most important to spend the time and money to bring in expert witnesses to testify in your case. An expert witness with the proper credentials may be able to help reconstruct the scene of an accident and help explain why alcohol was or was not involved,as well as the role of the other person. In most cases, there are no witnesses to car accidents other than those that were involved. An expert witness may help to put the burden of proof on the other party.