Expert witnesses in Omaha DUI cases are individuals with certain qualifications that allow them to provide testimony on technical or scientific issues in the case. Generally, both the prosecution and the defense rely on expert witnesses to build their case. Because it can be difficult to challenge an expert’s testimony without the proper experience, it is important to work with a skilled DUI lawyer. A knowledgeable attorney can build a strong defense to challenge the prosecution’s experts.
What Is an Expert Witness in a DUI Case?
A person is considered an expert and can be an expert witness based on their training, education, experience, or combination thereof. At trial, expert witnesses are called to testify to the jury. Depending on the circumstances, they may have run their own scientific tests and reached independent conclusions they will present to the court. The experts are going to testify and be subject to cross-examination by the prosecution.
It is up to the jury to decide how much weight is carried by the expert witness’ testimony. If an expert appears deceptive or dishonest, or if they are extremely nervous or appear as though they are liars, they do not carry much weight. If they are shown to be confident, knowledgeable, and honest, a person can build up their credibility and make them seem trustworthy and their testimony may carry a lot of weight.
Witnesses the Prosecution in Omaha May Use
One expert witnesses the prosecution will call upon in a DUI trial is the police officer involved in the case. They are going to rely on the officer’s training and experience to identify impaired drivers due to either alcohol, drugs, or a combination thereof. Another expert is going to be the Datamaster maintenance expert. If a person is allegedly driving under the influence of marijuana, they may use a drug recognition evaluation as well.
A DUI lawyer will refute or challenge the claims of the government’s experts using facts and science. They look at what is accepted in the medical community and use it to undermine the expert’s credibility. An attorney can thoroughly examine the circumstances to see what evidence may be available to refute the expert’s claims.
Experts for the Defense
The role of an expert witness is to help educate the jury and challenge the state’s expert. The main benefit of bringing an expert is to supplement the attorney’s work. The attorney cannot introduce evidence and there is only so much they can accomplish questioning the prosecution’s expert witnesses. The defense needs expert witnesses to challenge the accusations and statements by the state’s experts. An attorney can help determine what expert witnesses may be helpful in a particular case.
Discuss the Role of Expert Witnesses in Omaha DUI Cases
Expert witnesses play an important role both in the prosecution and the defense cases in an Omaha DUI trial. Often, the outcome of the case depends on the credibility and findings of the expert witnesses. To discuss the role expert witnesses could play in your case, call Berry Law today for a consultation.