An expert is not always appropriate in a DUI case. In order to use an expert, some issue is going to have to come up where you need the expert. A perfect example of this would be the prosecutors get the blood of the defendant and the blood alcohol level is really close to a .08. This might be a good time to use an expert to do a blood split and let your own expert check the blood to see if there’s any contaminants in the blood or to see if maybe there’s some sort of 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 definitely 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 own expert to show how the machine works and to be able 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 operator a motor vehicle at the time they were driving it related to the facts of the case.
The defense, on the other hand, can bring their own exert to try to challenge the breath machine, to show that there’s inaccuracies in the machine in general, and in specific, related to this particular case. If there’s areas that your own expert can attack the breath result, the 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’s issues, there’s 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. I would say in most DUI cases, you’re not going to have an expert because the evidence is pretty clear, cut and dry, one way or another. So, in making the decision 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 that you believe is appropriate in your case, you obviously talk to you 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, and in DUI’s in particular, in order to challenge some of the prosecution’s evidence and in order to 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 try to win the case.
I’ve also used experts in DUI cases to mitigate a DUI case. Maybe I can’t get that full not guilty verdict because the prosecutors have certain evidence that you just can’t get around. But, we can sometimes use an expert to show certain things, especially in a case where the blood alcohol level is close. Experts can do a lot to show the prosecutors that if we actually took this case to trial, you might lose the case. Look what my expert is willing to say. Look at my expert’s report in this case. Sometimes expert’s reports can also be used to challenge the DMV to block a suspension. Experts can be used to block a refusal DUI where you lose your license for a year.
So, absolutely, experts in DUI cases are important. They can be utilized. But in order to make that determination, that’s going to take you sitting down with your attorney and really having a frank conversation about your DUI case and making a decision that makes sense for you.
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So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.