DUI Witness Testimony
Being arrested and charged with driving under the influence does not automatically lead to a conviction.
A skilled DUI defense lawyer has experience in beating DUI cases. Obtaining DUI witness testimony may be helpful in winning a drunk-driving case.
There are a variety of expert witnesses that can be called to testify on your behalf. They can range from accident reconstruction experts to chemical and field sobriety test experts.
If you were involved in an accident before being arrested for driving under the influence, your attorney may call in an accident reconstruction expert. This expert will go to the scene of the accident to look for evidence (such as skid marks), investigate recalls on the vehicles involved in the accident, and examine the police reports in order to reconstruct the accident. The accident reconstruction expert will give his or her opinion on if the crash was unavoidable, regardless of intoxication.
Because chemical tests are such a big part of the prosecution’s case against a drunk driver, a chemical expert comes in handy. These experts can discuss common problems with blood, breath, and urine tests
. For example, if the breathalyzer is not maintained or calibrated properly
, this can lead to a false reading.
In DUI cases, it is illegal for a driver to have a BAC of .08 percent while operating a vehicle. However, if a driver has a drink before driving, his or her BAC can continue to rise. This means that if the driver is pulled over on suspicion of drunk-driving
and time elapses before the breath test is administered, the driver’s BAC may be higher when he or she takes the test than when he or she was driving. This is known as the “rising BAC” defense
. Because it is so technical, it is important to have an experienced expert explain this defense to the jury.
If you failed the field sobriety tests, a field sobriety expert can be called to testify on your behalf. The expert will investigate your case to determine how you performed on the tests. If you did a fairly good job on the test, the expert can use your performance to show the jury that you were not under the influence. If you were physically impaired, but not mentally impaired, the expert can argue that alcohol affects your mind before it affects your body, meaning that the impairment was caused by something other than alcohol.
If you are interested in learning more about DUI witness testimony, contact a DUI defense attorney in your area today.