CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI and Medical Experts

The Value of a Medical Expert in a DUI Case

A Driving Under the Influence (DUI) case is not as straightforward as it seems, as it involves some scientific procedures that most charged individuals may not comprehend. The field sobriety tests and chemical tests carried out are standardized based on scientific testing. Therefore, it is imperative to evaluate every possible defense when faced with a drunk driving conviction.

A lay witness is a person who testifies about what they see at a drunk driving trial. This could be the law enforcement officer in charge of the case or another individual present at the time of the event. However, to aid the jury’s understanding of the scientific investigation aspects, it would be helpful to hire a person with scientific expertise. A medical expert with special training and education might be the ideal professional to explain the science behind DUI investigations.

A toxicologist is a specific type of medical expert who can enlighten the jury on the chemical testing process used during a DUI investigation. A toxicologist can explain the accuracy of the chemical test conducted at the station versus the level of alcohol intoxication of the accused while driving. In some cases, the level of alcohol intoxication of the accused may still be rising while driving to the police station for a test.

Moreover, a medical expert can raise concerns about certain medical conditions that might influence the validity of the tests done in a case. Items like seizure medication can cause a horizontal gaze nystagmus test to indicate alcohol use when there isn’t any. Presence of a medical condition that hinders the proper performance of field sobriety tests can also invalidate the tests. If such concerns had been ignored by law enforcement, the jury needs to hear the complete testimony according to the medical expert.

For an expert to testify in a DUI case, they must have more scientific knowledge in the field than the average person. Explaining the information to the jury must also help to clarify the distinct issues present in the case. Besides an advanced education or training, an expert qualified to testify may have personal exposure and experience on the specific topic.

Law enforcement needs to monitor a person before conducting the chemical test, as belching or putting anything in the mouth can render the test invalid. Gastroesophageal reflux disease can also raise concerns about the presence of alcohol in the mouth, leading to a possibly inaccurate result. Even diabetes can produce false positive alcohol results if a breath test is conducted. A medical expert can explain all such factors to the jury in a language understandable by them.

Lawyers can help determine if a medical expert can bring value to a DUI case. The prosecutor has an opportunity to cross-examine any expert that the defense team calls. Similarly, they may choose to bring their expert to the table. Defence attorneys can help in ensuring that all protocols are adhered to when presenting the medical expert to testify in court. Hiring an attorney as soon as possible is advisable to allow for an early start of preparations for the case.

DUI Fact versus Fiction

In court or a social setting, conversations around DUIs are often riddled with myths, including but not limited to:

Myth 1: One Drink Cannot Affect Driving

You cannot assume that you are good to operate a car after taking one drink, regardless of size. The level of impairment depends on various factors, including sex, age, weight, body composition, and whether you have taken any other medication.

Myth 2: Refusing a Breathalyzer Test Means One Is Automatically Guilty

It is not true that refusing a breathalyzer directly implies guilt. Refusal might lead to harsher consequences than the regular punishment for failing the test, though.

Myth 3: Field Sobriety Tests are Mandatory

While it is true that the law requires compliance with the law enforcement officer’s directive, you do not *have* to take the field sobriety test. In some instances, politely declining the request might improve your chances of success in the case.

Myth 4: DUI Cases are Straightforward

In reality, DUI cases are complicated, and legal representation is necessary for a fair result. Even with all your efforts, you might lack the experience, resources, and technical know-how to complete the legal issues effectively.

Myth 5: Any Lawyer can Represent a DUI Case

Not all lawyers have the required specialization and expertise needed to handle DUI cases effectively. A DUI case is demanding and requires a unique legal skill set; therefore, it is always to work with an expert like Todd Spodek, an experienced DUI defense attorney.