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The Role of Expert Witnesses in DUI Defense

By Whalen Montalvo | Published on December 6, 2024

Building the best defense for a driving under the influence (DUI) charge is critical for your case. Expert witnesses provide support by bridging the gap between evidence and a jury’s understanding.

A South Carolina DUI defense lawyer knows what expert witness to call, what value they add to your defense, and when to contact them. If you were recently arrested for DUI, you may want to start planning your defense with a lawyer now rather than later. Time is crucial for securing busy DUI expert witnesses for your case.

Types of Expert Witnesses in DUI Cases

Expert witnesses provide a professional perspective to a DUI defense.

Your DUI attorney may use expert witnesses to testify to a specific part of your case. An expert witness’s education and experience make them credible and able to explain complex information to juries.

Expert witnesses in DUI defense cases are well versed in a variety of topics. The type of expert witnesses your lawyer may call depends upon such factors as a DUI accident, the kind of alcohol testing conducted, and other factors.

The following types of expert witnesses provide testimony in DUI defense cases:

  • Accident reconstruction: An expert accident reconstructionist explains in a relatable way how a defendant’s accident occurred.
  • Law enforcement official: A law enforcement official understands how training, policies, and procedures for DUI arrests can affect a defendant’s rights.
  • Medical expert: A doctor or other medical professional may testify about how a defendant’s medical condition affects certain types of alcohol testing.
  • Forensic toxicologist: A common type of expert witness in DUI cases, this witness explains such topics as how the body absorbs alcohol and the accuracy of breathalyzers.
  • Field sobriety expert: Law enforcement officers must follow detailed instructions with field sobriety testing. A field sobriety expert can review a defendant’s test results and note errors that make the results invalid.

Using an expert witness for your DUI defense is a strategic move that can bolster your claim of innocence. An experienced South Carolina DUI defense attorney can determine which type of expert witness is best for your charges.

How Expert Witnesses Can Help Your DUI Defense

Their credibility about a subject can support your case.

Expert witnesses share their opinions and objective analysis, which may refute prosecutorial evidence. Expert witnesses can influence jury decisions with their knowledge and experience and how it applies to your case.

Expert witnesses can help your DUI defense by:

  • Highlighting specific aspects of a case
  • Clarifying technical or complex issues or evidence
  • Evaluating facts by conducting or reviewing tests
  • Minimizing a defendant’s chance of a wrongful conviction.

A South Carolina DUI attorney knows what questions to ask expert witnesses. Their questioning methods come after years of experience. This experience is beneficial when your attorney cross-examines a prosecution witness. Again, asking the right questions is vital to securing answers regarding how witness testimony relates to your case.

Expert witnesses generally know what is expected of them at trial. They work with your attorney beforehand and act professionally throughout the legal process.

A DUI defendant should have as many legal tools as possible. Expert witnesses are one tool DUI defense attorneys use to fight against a possible life-changing conviction. A South Carolina DUI defense attorney can explain more about how they locate and utilize expert witnesses’ services.

Choosing the Right Expert Witness

The selection of an expert witness is best left to an attorney.

No one can claim to be an expert witness without proper credentials. Verifying a witness’s qualifications before they take the stand is critical in a DUI defense case.

South Carolina Rule of Evidence 702 governs expert testimony. The state rule is identical to the Federal Rule of Evidence 702, which states that an expert witness is qualified by their knowledge, skills, experience, training, or education.

When determining which expert is the proper witness for your case, your attorney will consider whether . . .

  • The witness’s information will help a jury understand the evidence or determine a fact
  • A witness can deliver testimony based on sufficient facts and data
  • The testimony evolves from reliable principles and methods
  • The expert witness can relate principles and methods of specific topics to the facts of the case.

While predicting the outcome of any DUI case is impossible, an expert witness can help your defense. Their testimony can reach and resonate with a jury in a manner that may minimize your chance of conviction.

Selecting expert witnesses for DUI defense cases is just part of what an attorney can do for you. DUI defense attorneys can access associations, organizations, and referrals that help them search for expert witnesses.

If you have a DUI case pending, consider discussing defense options with an attorney today. Expert witnesses are often in demand, making quick action critical for securing the right one for your case.

Whalen Montalvo Attorneys at Law

Your South Carolina DUI defense attorneys.

A DUI charge is a serious legal matter that deserves a strong defense. The risk of a conviction places your future in great peril as you face possible jail time and costly fines. The disruption a DUI charge brings to your life leaves you no time to build your defense alone. There is no time to search for expert witnesses, especially when you have no idea what type of expert you need.

You have a right to defend yourself against a DUI charge, but DUI cases are complex, and prosecutors are aggressive. Without legal representation and possible expert witnesses, you may risk a negative outcome of your case.

Whether your case involves a faulty breathalyzer, a violation of your rights, or a tragic car accident, get help from Whalen Montalvo Attorneys at Law today. Attorneys James Whalen and Eric Montalvo understand the pressure and stress DUI defendants feel. Previous clients have found the entire team at Whalen Montalvo Attorneys at Law friendly, approachable, and nonjudgmental.

Protect your future by contacting us for help with your DUI defense. Call today to schedule a free consultation: (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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