Being convicted of a DWI is a serious matter that can come with significant repercussions — and it’s crucial to mount a solid defense. If your DWI case will be going to trial, your criminal defense attorney might want to bring in an expert witness as part of your defense strategy. These individuals are often relied upon to explain complicated issues to a judge or jury regarding things such as breath testing procedures, medical conditions that could impact field sobriety tests, and police procedures.

What is an Expert Witness?

An expert witness is an individual with specialized knowledge, education, and training who helps the court understand complex technical, medical, or scientific issues. They are not to be confused with “fact” witnesses who testify based on their firsthand observations. Rather, an expert’s testimony is based on their professional experience in a particular field — and it goes beyond what a typical juror would know.

Although they can help to strengthen an individual’s defense in a DWI matter by exposing flaws in the prosecution’s case, an expert witness must provide objective and unbiased testimony. Critically, the prosecution may also bring in their own expert witnesses to rebut the opinions of the experts bought in by the defense.

What Types of Expert Witnesses Can Be Used in a DWI Case?

There are several types of experts who may testify in New York DWIs, depending on the issues and evidence in the case. For instance, they can be used to challenge the accuracy of a BAC result, explain alternative causes for the alleged intoxication, or show that the police violated proper procedures during the arrest. Specifically, the types of expert witnesses who may be brought into a DWI case can include the following:

• Breathalyzer experts — These experts can assess the reliability of the breath testing device used in the case.
• Toxicologists — Toxicologists can challenge the prosecution in a DWI case by evaluating potential errors in the BAC chemical testing process or interpretation of the results.
• Forensic pharmacologists — Forensic pharmacologists can offer expert testimony regarding the interaction of alcohol and medication on the body, and whether it affected the defendant’s ability to drive.
• Medical experts — Doctors and other medical experts can testify as to whether a medical condition could have mimicked intoxication or caused a false positive on a breath test.
• Accident reconstruction experts — An expert who specializes in accident reconstruction can recreate a crash scenario in order to determine whether alcohol played a role in causing the collision.
• Field sobriety test experts — These types of expert witnesses can assess whether field sobriety tests were conducted properly. They can also help determine if other factors, such as weather or medical conditions, could have impacted the defendant’s performance.
• Experts in police procedure — Police procedure experts can assess whether law enforcement followed proper procedures and protocol during the DWI stop and arrest.

By providing credible testimony, an expert witness can show that a defendant was wrongfully charged or provide a scientific basis for why they were not impaired. Importantly, an expert witness can create reasonable doubt in the minds of the jurors, making it more difficult for the prosecution to prove their case — and more likely that the defendant will obtain an acquittal.

Contact an Experienced New York Criminal Defense Attorney

If you are facing DWI charges, it's vital to have a knowledgeable criminal defense attorney who can advocate for your rights. D’Emilia Law offers experienced representation for a wide range of criminal offenses, including DWIs, and works to achieve positive results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.