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When Should An Expert Be Used In A DUI Case?

Posted by Ronald D. Hedding | Nov 01, 2018

An expert is not always appropriate in a DUI case. To use an expert, some issues will have to come up where you need the expert. A perfect example would be the prosecutors getting the defendant's blood test, and the blood alcohol level is close to a .08.

This might be a good time to use an expert to do a blood split and let your expert check the blood to see if there are any contaminants in the blood or see if there's some problem with the test.

I see all the time when we do a blood split, and the content comes back lower than what the prosecutors come up with, and this sometimes can be huge in a DUI case, especially where the blood alcohol level is close.

Another area where you're going to want to use an expert in a DUI case is if the case goes to trial and you have some angle that requires an expert. You can bet, like in a breath case, in a DUI in Los Angeles County, you can bet your bottom dollar that the prosecutors are going to use their expert to show how the machine works.

They want to prove that the client's blood alcohol, through breath, is higher than a .08 or at a .08 and explain why that individual can't safely operate a motor vehicle at the time they were driving it related to the facts of the case.

Challenge the Breath Machine

On the other hand, the defense can bring their own exert to try to challenge the breath machine, to show that there are inaccuracies in the device in general and in specific, related to this particular case.

If there are areas that your expert can attack the breath result, then obviously, you're going to want to qualify the expert; show the jury this expert knows what they're talking about and then take the next step and show the problems with the prosecutor's case.

Especially in these DUI cases where it's close, and there are issues, there are some pretty strong arguments that can be made to argue that this is voodoo science at that they don't have a completely accurate account of exactly what happened in the DUI case in Los Angeles.

This is very important when it comes to defending your DUI case. So, experts can be used in DUI cases, but they have to be used at the right time. In most DUI cases, you're not going to have an expert because the evidence is pretty straightforward, cut and dry, one way or another.

So, in deciding as to whether or not you're going to want to have an expert in your DUI case in Los Angeles, this is something that you need to consult with your attorney. You need to sit down and give your attorney all the facts and circumstances related to your case in general.

Then, in specific, if you think an expert might be beneficial because of some angle you believe is appropriate in your case, you talk to your attorney about it. Give him all the facts and details and then bring up to them about potentially utilizing an expert.

So, experts can be very beneficial in any criminal case, particularly in DUI's in particular, to challenge some of the prosecution's evidence and put on a defense case. So, if you think that an expert makes sense, talk to your attorney about it.

Give them all the information, and they will assist you in making the right decision about having an expert in your case and using that expert to win the case.

Experts to Help Mitigate a DUI Case

I've also used experts in DUI cases to mitigate a DUI case. Maybe I can't get that complete not guilty verdict because the prosecutors have specific evidence that you can't get around. But, we can sometimes use an expert to show certain things, especially when the blood alcohol level is close.

Experts could do a lot to show the prosecutors that you might lose the case if we took this case to trial. Look what my expert is willing to say. Look at my expert's report in this case. Sometimes expert reports can also challenge the DMV to block a suspension. Experts can be used to secure a refusal DUI where you lose your license for a year.

So, experts in DUI cases are essential. They can be utilized. But to make that determination, that's going to take you sitting down with your attorney and having a frank conversation about your DUI case, and making a decision that makes sense for you.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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