When the police are relying on breathalyzer results in a DUI case, the evidence is often very complex and you may need an expert to deal with it. Your lawyer has the job to spot the issues, structure your defence and make the argument.
Often, however, the argument may be that much stronger or only viable when your lawyer retains a DUI expert to assist.
What is a DUI expert?
In a matter before a court or tribunal, the lawyer has a specific role. Your lawyer manages your defence, presents the evidence and makes the submissions. It is very rare that a lawyer can be the source of evidence to assist your case.
Your lawyer may have used all sorts of breathalyzers, for example, but it is uncommon that a lawyer can testify in the defence of their client. It’s great information to have and it allows a lawyer with this experience to know what to
argue, but when it comes to providing evidence in a complex DUI case, often a DUI expert is retained.
A DUI expert can conduct an investigation by way of testing a hypothesis, for example or provide evidence in the form of a report or oral testimony to deal with specific issues.
Who are these experts? There are experts with specialization in different types of cases. There are former police officers who are experts in the operation of breathalyzers and police procedures. These officers can explain what the police officer did wrong with respect to police procedure.
There are experts in breathalyzer test results who can explain why the person who blew was not a proper candidate for breath testing or why the breathalyzer readings in particular circumstances are unreliable. There are experts in the distribution, absorption and elimination of alcohol in the body.
Typically, these are toxicologists who can explain the science regarding the way alcohol enters the bloodstream and is passed from the blood to the air in the lungs. These experts can provide evidence on whether the person tested would have been over .08 at the time they blew.
How does a DUI expert get their evidence out?
In most cases, an expert witness retained by a lawyer will provide a report that can be presented to the court or tribunal. Your lawyer and the expert knowledge that the expert needs to give accurate evidence that could be relied on for either side.
A DUI expert must give the same evidence if they were acting for the defence or the prosecution.
How do I get a DUI expert?
The leading DUI experts provide their services directly to experienced DUI lawyers and not the general public. There are reasons for this.
The primary concern of the DUI experts is that their evidence is properly understood and properly presented. For an expert to remain credible, they need their evidence to be properly presented to the court or tribunal.
As well, when the expert consults on the case, most experienced DUI lawyers will know what issues the expert
needs to address. For example, most lawyers know why breath samples may be unreliable so they will not retain an expert in reliability unless that evidence could help their client’s DUI case.
Do I need a DUI expert?
Whether you need a DUI expert is an important consideration. The difficulty, as a person facing a DUI, is that you likely won’t know. And you won’t know the right DUI expert who could help your case.
A good starting point is to ask your lawyer, do you know if there is a DUI expert who could help? Do you have a good working relationship with the right DUI experts?
Getting expert help with your DUI
If you are facing any type of DUI, contact a DUI lawyer right away. Most experienced DUI lawyers will need time to investigate whether your case would be assisted with a report from a DUI expert.
For decades we have defended all sorts of DUI cases across BC. We have great relationships with five of the top DUI experts in the field. If a DUI expert can help in your case, we’ll recommend it and we’ll deal with it on our end.
If you’ve got a DUI case, call us right away. We only need three things to get started on your case.