DUI Trial: Expert Testimony Is Typically Used

Orange County DUI Attorneys

When someone is arrested for a DUI in Orange County, their Orange County DUI Lawyer must first gather all the evidence in the case—a process called “discovery”—and then evaluate this evidence. The driver’s DUI Attorney in Orange County may bring a motion to suppress some of this evidence if there are grounds for such a motion, and may ask the court to keep other evidence out on other grounds. When all the admissible evidence is evaluated, the defendant and their DUI Lawyer in Orange County must make a decision whether to accept whatever offer the DA makes or to take the case to trial.

If the DUI case goes to trial, the DA will almost certainly present a scientific expert to testify to the fact that the alcohol testing equipment was properly calibrated, maintained and functioning at the time the test was given. The expert usually also testifies about the general nature of alcohol, or drug if the defendant is charged with DUI drugs, and the physiological effects that alcohol or drugs has on the body.  DUI Attorneys in Orange County know all too well that the prosecution expert will also testify about how alcohol is absorbed into the body and how it is eliminated, including the time it takes to do both of these.

The DA will typically then give the expert a “hypothetical” situation, with facts that are identical to the case being tried, and ask the expert for their opinion. The expert will render an opinion on whether, in this case, the defendant was under the influence to the point where they could not drive a vehicle with the same care and caution customary of a sober person. The facts that experts usually rely on are the actual driving of the defendant (weaving or other bad driving), the final breath test or blood test result, the driver’s performance on the field sobriety tests, and the admissions of the defendant about what and when they drank. The defendant’s DUI Lawyer in Orange County will have the opportunity to cross-examine this expert witness. At the close of the DA’s case, the defendant’s Orange County DUI Attorney  usually call their own expert witness who will often contradict the DA’s expert witness. In cases where the blood-alcohol level is close to the legal limit, and where the DA hasn’t offered a wet reckless to settle the case, the jury’s decision may well come down to which expert was more convincing.

If you are charged with a DUI in Orange County and would like to consult with an experienced DUI attorney, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsqire.com.

Orange County DUI lawyers