Do I Need to Hire an Expert Witness in a DUI Case?
If you face a Georgia DUI charge, you may wonder if it is necessary to hire an expert witness to help your case. The answer depends on the unique circumstances and facts of your case and your defense lawyer’s analysis of the case. Having a highly qualified DUI defense lawyer is the most important aspect of putting forward a strong defense on your behalf. As part of your case, your defense lawyer evaluates all aspects of your case in helping you determine whether an expert witness may be helpful in winning the case.
Types of Witnesses in a DUI Case
In a DUI case, there are generally two types of witnesses that the defense lawyer and prosecutor may use to testify during the trial. A regular witness is a person who is involved in the case because they are directly associated with the facts of the case or associated with the evidence. Examples of regular witnesses are the police officers, a passenger in your vehicle or another vehicle, a person who otherwise saw the accident or events, or someone else involved directly in circumstances of the case. Technically, you are a regular witness in your own case, but you do not need to testify because of your constitutional rights, which is a matter to discuss with your lawyer before the trial.
In addition to regular witnesses, the defense or prosecution may use expert witnesses who have special knowledge and background about a specific aspect of the case, such as testing equipment or arrest procedures, but are not directly involved in the facts of the case. Expert witnesses must demonstrate their competence and accomplishments in order to be allowed to testify in the case. An expert witness can sometimes be used to provide evidence that is relevant to the particular case. In that case, an expert witness may be beneficial in proving points of evidence as part of establishing important facts to the judge or jury in a case.
Types of Expert Witnesses
Expert witnesses may be used in a number of different circumstances in a DUI case. For example, an expert in breath testing machines may be used to challenge the results of chemical blood alcohol content (BAC), from both the perspective of the operation of the machine, as well as from the perspective of whether the tests were properly administered in accordance with mandated guidelines.
Analysis of field sobriety test results is another possible area of inquiry for an expert witness. An expert witness can analyze whether the police officer properly administered and interpreted the tests in reaching conclusions about the defendant's conduct.
A forensic toxicology expert is another type of witness who specializes in blood, urine, and breath testing techniques, which can analyze the use of tests and equipment. The need for a specific type of expert witness is based on the circumstances of the individual case and factual information, such as issues with mishandling or contamination of evidence.
When to Use an Expert Witness in a Georgia DUI Case
At Criminal & DUI Law of Georgia, we apply extensive experience in representing DUI clients. We investigate, evaluate, and analyze the details of each case from every angle, to determine whether there is any potential benefit to using an expert witness to strengthen our client’s case. If using an expert may help a case, we explain all the circumstances to the client, including what aspect of the case the expert might address and what the cost of using an expert would be.
While an expert witness may be helpful in a case, clients sometimes cannot afford the high fees charged by specialized experts. If using an expert from a cost perspective is not viable, we still aggressively put forth the strongest available defense on behalf of the client. We always provide a candid assessment and the highest quality defense, whether or not using an expert witness may be beneficial in a case.
Cartersville, Georgia Criminal Defense Lawyer
If you face a DUI charge or any other type of Georgia criminal charge, please contact us so we can fully protect your rights and defend against the case. You can rest assured that we will handle your case with unparalleled confidentiality, professionalism, and integrity. If using an expert witness may benefit your case, we will fully explain the potential role of an expert and help you to choose the most suitable option for proceeding.
Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Contact us today to schedule an appointment.