Expert witnesses are another factor to consider when defending a case, both at the Department of Motor Vehicles and in court. First, with the Department of Motor Vehicles, a lot of times the burden is not on the Department of Motor Vehicles but on the driver to prove that they were not at a 0.08 or above or they were not impaired for purposes of driving. With the burden on the driver, it becomes important to put on evidence. Whereas in court, the burden is on the prosecution, and a lot of times we can just attack and sit back and poke holes in the prosecution’s case. At the Department of Motor Vehicles we often need to put on our own case. One of the best ways to do that is with an expert witness.
An expert would be an expert in chemical testing or forensic toxicology (an expert on the affects of alcohol and/or drugs on the human body). Experts can be relatively inexpensive. For a few hundred dollars, you may be able to have an expert review, analyze, and consult on and testify in a case. It can be up to a couple thousand dollars for their time and effort on a simple first-time DUI type of case. The expert may be absolutely necessary to be able to put somebody below the legal limit and put them in the best possible light to get a set-aside, which is basically a not guilty at the Department of Motor Vehicles. That cost typically could run from $400 to $1,500 for an expert at the Department of Motor Vehicles.
In court, experts can be very, very useful in showing judges and jurors or potential jurors the deficiencies or deficits or the holes in a prosecution’s case. Also, they put on affirmative evidence like they would at a Department of Motor Vehicles’ hearing. Experts can be scholarly experts that are educated through advance degrees in school or through personal experience of working in crime labs. A lot of experts are retired crime lab technicians who have spent 20 or more years with the sheriff’s department or the local police department before switching to the other side to work for the defense and show where the problems are with the case.
The cost for good forensic witnesses (expert witnesses for the defense) to testify during a trial probably starts around $1,500 or $2,000 and go up from there. Some may charge $3,000 or $4,000 to review, consult, and testify on the standard type of DUI case. If you’re looking for the best possible outcome to get the best possible result not only do you need a good attorney, but you need a good expert to help the process along the way.
The Cost of Defending a Second or Third DUI Is Significantly More Than a First Time DUI
When we look at a second or third time DUI, the costs typically do increase for a variety of reasons. The prosecutors typically are looking for increased fines or fees because they’re trying to teach a lesson to somebody who has been arrested a second time. On a first time DUI we may see a base fine of the minimum $390 with penalty assessments totaling up to $2,500. If it’s a second or third time DUI we may see that base fine increase to $500 as well as the penalty assessment increasing, costing a total of $3,000 or more just on the fines and fees alone.
Of course if it’s a second or third offense, there may be longer classes. There’s actually a mandatory 18-month class, which will increase the cost to somebody convicted because they’ll have to pay for an 18-month class instead of a three-month class. The ignition interlock period becomes longer. Every step along the way includes increased costs with a repeat offense. There’s also mandatory jail time on a second and third offense, which can have costs that go along with that as well.
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