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  • Halloween Weekend DUI Checkpoints
    Happy Halloween! If you plan on going out and drinking this weekend, please be aware of all the upcoming DUI Sobriety Checkpoints all throughout California. Whi ...
 

The Defense Expert in a California Drunk Driving Case

In order to counteract any testimony given by a prosecution expert, a skilled California DUI defense lawyer will often call his or her own “expert” to testify.   Defense experts include forensic toxicologists, forensic ophthalmologists, accident specialists, biomechanical engineers, and others.  The use of experts is extremely important in drunk-driving cases and savvy California DUI attorneys will use experts to challenge a number of prosecution claims. 

 

Experts in the field of DUI law can be invaluable to California DUI defense attorneys.  They can help uncover suppression issues that the  California drunk driving defense lawyer can use, and they can help rebut any testimony given by a prosecution expert.  One of the primary purposes for using a defense expert witness is to support the idea that there are possibly other explanations as to whether or not a CA DUI defendant was actually driving while under the influence.  Such experts can testify as to the scientific aspects of begin intoxicated and also raise issues as to the prosecution’s own expert’s hypothetical theories and conclusions previously made.

Additionally, the defense expert can testify as to the possible flaws with both breath and chemical testing.  For instance, the breath machine may not have been properly maintained or calibrated, proper procedures may not have been followed, or fermentation may have occurred with blood testing that resulted in an inaccurate higher blood-alcohol content result.  The defense expert may also testify as to how a police officer can misinterpret one’s supposed “failing” of field sobriety testing.  Overall, with the use of a defense expert, the police officer’s observations and opinions as to the California DUI defendant’s intoxication can be questioned.  California DUI attorneys are always wise to call their own experts and help them anticipate any potential attacks by the prosecution beforehand.  Utilizing the expertise of a qualified expert can go a long way in a California DUI/DWI case.
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