Sometimes in DUI trials, a defense attorney will need to refute the testimony provided by the arresting officer or others that the prosecution will bring to the stand. Putting expert witnesses on the stand for DUI charges in Georgia can help increase your odds of winning your case and protecting your freedom.
There are several experts your lawyer may call on to help present your side of the story. They vary by cost. But there may also be expert witnesses who the prosecution will put on the stand that the defense lawyer will challenge.
Who Are Potential Expert Witnesses in DUI Trials?
A forensic toxicologist is one of the most common expert witnesses in a DUI case. A forensic toxicologist is trained to evaluate the substances present in biological samples, including the presence of drugs or alcohol in your system.
During your trial, a forensic toxicologist may be called by the prosecution to speak about how the substance present in your samples could have impacted you at the time of the incident. The defense will cross-examine this expert witness to ask if any issues with reliability or contamination could have happened during the forensic tests.
The defense may call its own forensic expert to testify how a lab should have acted to ensure an accurate reading, highlighting how any missteps could affect the prosecution’s case.
Field sobriety experts
A field sobriety expert provides a vital look into the measures used by the arresting officers to determine your sobriety at the scene of the accident. Often, field sobriety tests are administered incorrectly, leading to inaccurate conclusions about your sobriety and performance at the time of the incident.
A field sobriety expert can:
- Assess how the responding officer performed the test and whether it likely accurately reflected your state at the time of the incident.
- Provide more information about other conditions that could yield similar results on a field sobriety test, including how disabilities could impact your ability to fulfill those requirements.
- Discuss the inaccuracy of potential test results.
- Offer insight into whether the arresting officer had reason to pull you over or suspect you of intoxication based on behavior prior to the incident.
By working with a field sobriety expert, your lawyer may be able to show that the arresting officer did not proceed according to police requirements when pulling you over and assessing your overall sobriety, which means some of those results or that testimony could get thrown out.
Breathalyzers are, generally speaking, relatively simple devices. You breathe into the device, and it assesses the level of alcohol on your breath to get a better idea of how much you have had to drink.
However, in some cases, breathalyzers can provide inaccurate results, especially if the test is not handled correctly. Some common substances, including energy drinks and sugar-free gum, can even increase the odds that you will get an inaccurate breath test result.
A breathalyzer expert can identify any potential problems with the administration of your test and provide the court with a clearer picture of what may have contributed to your results.
Sometimes, your lawyer may call a police officer to the stand to testify about how your traffic stop and subsequent evaluation were handled. Officers must follow a highly specific procedure for traffic stops in order to ensure that they accurately assess the condition of drivers.
Some officers, however, may fail to complete those procedures correctly. In some cases, failure to follow correct procedure for a traffic stop could get the arresting officer’s testimony and evidence thrown out.
Our Lawyer Can Assess the Right Experts for Your Georgia DUI Case
If you have been charged with a DUI in Carrollton, Georgia, working with a lawyer who understands the legal system and has connections to experts who can testify on your behalf can make a huge difference in the outcome of your case. Our team can determine the right expert witnesses for your needs and bring them together to create a compelling case in your favor.
If you find yourself facing DUI charges in Georgia, do not wait. Get in touch with Moffitt Law as soon as possible to discuss your case, the charges against you, and the experts who can help build your defense.