Science and DUI Defense
Defending a DUI case is unlike defending any other criminal offense in that it involves issues of law and science. This is one of the reasons why anyone charged with a DUI should consult with a specialist DUI lawyer. General criminal defense tactics are important in defending a DUI, but any approach which does not involve a forensic or scientific analysis of the facts falls way short.
At a minimum, any lawyer defending a DUI should have a grasp of the underlying theories of breath and blood alcohol analysis and the procedures that should be followed in obtaining a sample of breath or blood and the processes involved in analyzing results. Lawyers should understand how to obtain and understand maintenance and calibration logs for breath machines and the instrumentation used in blood alcohol testing. There should also be an understanding of the medical process of how the body absorbs and eliminates alcohol and how the body responds to alcohol intake. In addition, DUI defense attorneys should have a working understanding of potential medical defenses.
It is also essential for any DUI defense law firm to have a close working relationship with one or more toxicologist. There will always be a limit to any attorneys understanding of the science in DUI cases and an expert forensic consultant should always be available to review a case for potential scientific or forensic issues. In addition, it is often necessary to re-test blood samples and secure expert testimony at trial or at the DMV hearing.
Gold & Witham is a Los Angeles based law firm dedicated exclusively to the defense of DUI cases. If you wish to discuss your case with a DUI specialist, please call 562 938 7771.