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Should I Hire An Expert Witness for DUI?

Expert witnesses are often considered and rarely used in the defense of a DUI. Their effectiveness and cost are the two main factors for a dui defendant to consider. The expert witness will generally cost a minimum of $1,500 and may include an hourly rate, which includes sitting at the court and waiting for the trial. The expert witness may be used to give various reasons that a breathalyzer may have operated improperly, or may be used for various other considerations. The ability of an expert witness to properly identify what a blood alcohol concentration (BAC) should have been is also a useful tool. The effectiveness is based on the other witnesses in testifying the actual amount of alcohol consumed by the defendant. Often times the expert witness is cost prohibitive. If financial constraints are at issue, most DUI defendants would be much better suited spending their money on a quality criminal defense attorney who can effectively argue their case. In truth, I have handled hundreds of DUI defense cases and have only utilized an expert in a handful of those cases. The effectiveness is very fact dependent and also should be weighed with the intended audience. Generally, an expert will do more to persuade a jury than if the case is tried to the judge for a bench trial. That said, an expert may give credence to a novel argument which may be won at the Court of Appeals level. If you have been arrested for DUI and are considering an expert witness, consult with an attorney first. If you need to consult an attorney in N.Ky. or Cincinnati, call Michael Bouldin for a free phone consultation at 859-581-6453, 581-MIKE or email at [email protected]

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