Video: Experts in DWI Cases | When Should You Use an Expert in a DWI Case?

Should you use an expert in a DWI trial? Lawyer Benson Varghese discusses some considerations when making this determination.

In a DWI case, a lot of evidence is going to be presented to the jury that is very specialized. The standardized field sobriety tests are the first example of something that’s very standardized and very specialized. Another example is going to be either the breath test or the blood test, depending on what type of evidence is produced in front of the jury.

Other types of specialized evidence might be issues that go to causation of any accident, whether that’s the condition of the vehicle, how vehicles approached the intersection, things that might go to show who is responsible for the accident. Those are all specialized areas, so when you’re considering experts you’re talking about people who have a specialized knowledge in those areas. What’s important to remember in a criminal case is that the burden of proof is on the State. One of the things that you might be risking when you put an expert on is then it becomes a battle of the experts instead of always reminding the jury that the burden remains with the State. While experts may be available, you have to think carefully about why you want to put them on and if you can get those same arguments out by cross examining the State’s experts.

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About the Author Board Certified Lawyer Benson Varghese

About the Author

Benson Varghese is the managing partner of Varghese Summersett. He is a seasoned attorney, highly esteemed for his comprehensive knowledge and expertise in the field. He has successfully handled thousands of state and federal cases, ranging from misdemeanor driving while intoxicated cases to capital offenses, showcasing his commitment to preserving justice and upholding the rights of his clients. His firm covers criminal defense, personal injury, and family law matters. Benson is also a legal tech entrepreneur. Benson is a go-to authority in the legal community, known for his ability to explain complex legal concepts with clarity and precision. His writings offer a wealth of in-depth legal insights, reflecting his extensive experience and his passion for the law. Not only is Benson an accomplished litigator, but he is also a dedicated advocate for his clients, consistently striving to achieve the best possible outcomes for them. His authorship provides readers with valuable legal advice and an understanding of the complexities of the criminal justice system. CriminalPersonal InjuryFamily Law Contact
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