Expert Witnesses in Darien DUI Cases
Typically, in Darien courts, someone that has the training, experience, or knowledge that gives them a special area of expertise can be considered an expert witness in a Darien DUI case. They can give their opinion in the form of a testimony to a judge or jury.
To better understand the role of expert witnesses in your Darien DUI case, consult with an experienced attorney as soon as possible. A knowledgeable DUI lawyer in Darien can build a case that utilizes expert witnesses to help produce a successful result on your behalf.Role of Expert Witnesses
Typically, the prosecution will want an expert scientist; usually, it is a toxicologist. Likely, that person will testify as to the defendant's level of intoxication.
Especially in cases where the person refused to take the breathalyzer test, so there is no BAC reading, the toxicologist will be able to testify about their recorded behavior and say what that means as to whether the person was most likely intoxicated or not.Calling the Witness
Typically, for the prosecution, they will call an expert witness for a Darien DUI case after they call the police officers, because that is when they will need an expert to explain to the jury or the judge the level of intoxication that is alleged.
Typically, the expert witness will first testify as to their background, as to the scientific training and other experience and education they have had that makes them an expert witness, and then go into the facts of the case and their opinion about whatever issue they are being asked to testify about.Challenging the Experts
A lot of times, the DUI lawyer will retain their own expert. They may each have their own expert toxicologists that may disagree.
In these instances, the person that makes more sense based on the record and who has more training in toxicology, especially in the area of intoxication, may have a heavier weighted opinion.Using a Witness as Defense
When defending a Darien DUI charge using an expert witness, an attorney may be able to use the toxicologist’s opinion, for example, to refute whether the person was actually intoxicated based on the evidence. This is especially true in cases where there is no measurement of blood alcohol content.
Also, for the defense side, DUI lawyers sometimes must retain medical professionals. For example, sometimes individuals have not been able to supply enough breath to render a sufficient sample because they have asthma.
The state wants to tell the jury that the individual refused because they knew they were guilty, but an experienced lawyer can get an expert to say that it was not a refusal but the person was not physically able to blow into the breathalyzer machine.
The same thing goes for people who suffer from acid reflux and other digestive disorders. Doctors can come in and testify regarding why the person's BAC might have registered so high when in fact they had not been drinking recently.Weight of the Testimony
The opinion of the expert witness in a Darien DUI case weighs heavily because they do have knowledge that most people do not have in their scientific field.
If there are two competing expert witnesses testifying, then typically people look at the amount of training and what they are basing their testimony off of to decide which opinion to adopt.Benefit of an Attorney
A lawyer can get in contact, consult with, and retain an expert witness in a Darien DUI case who is a recognized expert in the field. There will not be any issue in getting them entered as an expert if the matter does come to a trial.
Also, if the attorney knows a good expert, the case might never get to a trial; they might be able to consult with the expert witness and get a report from them, present it to the prosecutor before it even gets there, and hopefully avoid the risk of going to trial altogether.