Expert witnesses are utilized by many attorneys to aid the defense of clients charged with driving-under-the-influence. The purpose of any expert, when hired by a defense attorney, is to provide evidence in the form of an expert report and/or testimony that educates the jury in a way that is helpful to a client. In a DUI case involving a car accident, an accident reconstruction expert may be used to generally describe and explain how the accident in question occurred. The expert may also be able to deduce how fast the vehicle was going, when the brakes were applied, and other relevant details that refute or cast doubt upon the claims made by the prosecutor. Field sobriety test experts are also commonly used in DUI cases. A field sobriety test expert can comment on the validity of the administration of the test or tests given to the accused and point out any mistakes that may have been made by the arresting officer.
Perhaps the most commonly used expert in DUI cases is a forensic toxicology expert. Forensic toxicology is the study of the presence of drugs or alcohol and their affects on the human body and human behavior. A forensic toxicologist, therefore, is able to testify about the concentration of alcohol and/or drugs in a person’s body and how impaired that person is given such a concentration. A toxicology expert may also testify about flaws in breath or blood tests, such as an incorrectly calibrated breathalyzer machine or the use of improper scientific methods during the analysis of a blood sample. The prosecution will also provide their own experts, including forensic toxicologists who work in crime labs for the police. Testimony provided by each side’s experts can and often does determine the outcome in a DUI trial, so it is imperative to have qualified experts on your side.
Mark Rosenfeld is an attorney with years of experience and has relationships with outstanding experts who can help you as they have helped numerous others. If you or someone you know has been charged with a DUI, call Mark Rosenfeld today at (310) 424-3145.