An expert is not always necessary in a DUI case. To utilize an expert, some issues will inevitably arise that require their expertise. A perfect example would be the prosecutors getting the defendant's blood test, and the blood alcohol level is close to .08.
At this juncture, engaging an expert to conduct a blood split and scrutinize the blood for any irregularities or test inaccuracies could significantly bolster your defense.
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'll want to consider using an expert in a DUI case is if the case goes to trial and you have an angle that requires an expert's input. You can bet, as in a breath test case, in a DUI in Los Angeles County, you can bet your bottom dollar that the prosecutors are going to use their expert to demonstrate how the machine works.
They want to prove that the client's blood alcohol, through breath, is higher than .08 or at .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
Conversely, the defense can counter this by presenting their own expert to challenge the breath machine, demonstrating that the device may have inaccuracies, particularly in the context of this specific case.
If there are areas where your expert can attack the breath result, then obviously, you're going to want to qualify the expert. This involves demonstrating to the jury that the expert is knowledgeable and credible. This can be done by presenting the expert's qualifications, experience, and any relevant publications or research. Once the jury is convinced of the expert's qualifications, the defense can proceed to 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. For instance, in cases where the evidence is unclear or the technology used is questionable, the defense can argue that the prosecution's case is based on 'voodoo science,' a term used to describe unreliable or unscientific evidence. This could include challenging the accuracy of breathalyzer tests or the reliability of field sobriety tests. This can cast doubt on the prosecution's case.
This is particularly important when defending your DUI case. Experts can be utilized in DUI cases, but they must be employed 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.
Therefore, the decision to involve an expert in your Los Angeles DUI case is a crucial one that should be made in consultation with your attorney. The potential impact of expert involvement in your case is significant, and they will guide you through the process, ensuring all relevant facts and circumstances are considered.
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. Your attorney is there to provide you with all the facts and details, and then discuss the potential use of an expert with them, ensuring you feel reassured and supported in your decision-making process.
So, experts can be very beneficial in any criminal case, particularly in DUI cases, to challenge some of the prosecution's evidence and present a defense case. The potential benefits of expert involvement in your case can give you hope and optimism. 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. Perhaps I won't be able to secure a complete not-guilty verdict because the prosecutors have specific evidence that can't be circumvented. 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 demonstrate to the prosecutors that they might lose the case if they were to take this case to trial. Look what my expert is willing to say. Review the 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.