Drivers accused of DUI who are taking their case to trial often make use of DUI expert witnesses. DUI trials can be surprisingly complex, and expert witnesses can help explain complicated scientific or medical issues to judges or juries.
DUI Expert Witnesses in Oregon
Oregon law (per ORS 40.410; Rule 702) holds that, “If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise.”
The Oregon Uniform Criminal Jury Instructions (UCrJI) go a bit further and provide guidance to jurors as to how to evaluate the testimony of witnesses, and how to weigh the opinions of experts. UCrJI No. 1006 explains that jurors may evaluate the testimony of witnesses using a variety of factors. As a general rule, in evaluating a witness’s testimony, the jury may consider such things as:
- The manner in which the witness testifies.
- The nature or quality of the witness’s testimony.
- Evidence that contradicts the testimony of the witness.
- Evidence concerning the bias, motives, or interest of the witness.
UCrJI No. 1034 provides additional guidance on how to evaluate the testimony of expert witnesses. “Expert witnesses” are defined as persons with “special skills or education in a particular field. Even though expert witnesses may testify about their opinions, you are not required to accept those opinions. To determine the value, if any, you will give to an expert’s opinion, you should consider such things as the expert’s qualifications, the expert’s opportunity and ability to form the opinion, the expert’s believability, and how the expert reached the opinion or conclusion.”
DUI Expert Witnesses for the Government
The following DUI expert witnesses are frequently called by the government:
- Mike Jackson, Forensic Scientist with the Oregon State Police
- Robert Jones, Lab Supervisor, Toxicology at Oregon State Police
DUI Expert Witnesses for the Defense
The following DUI expert witnesses have specialized knowledge and expertise in Field Sobriety Tests (FSTs), breath testing, blood testing, drug testing, and the Drug Recognition (DRE) Program:
If you are considering taking your DUI case to trial, speak with your attorney about whether the government will be calling witnesses other than the police officer. Also speak with your attorney about the role of DUI expert witnesses in your case.