Sometimes an expert witness is needed in a Utah DUI to help the jury understand the science involved.

DUIs are unlike most criminal charges because of the heavy amount of science that is involved in the cases. For example, to even be able to determine that someone is driving above the legal limit of .08 law enforcement has to involve a complicated machine to measure the breath alcohol content of the individual suspected of DUI. These machines, such as the Intoxilyzer 8000, are difficult to understand. The average Joe cannot explain how the machine work.

Additionally, the science behind how alcohol is metabolized in each individual body is extremely complex. Only those trained in the applicable sciences can even begin to understand how a body can metabolize alcohol and at what rate. There is also the question of how alcohol impairs an individual and whether a certain individual is actually impaired as demonstrated by the field sobriety tests administered. Suffice it to say DUIs are not clear cut cases.

When Should You Get an Expert?

To answer this question you should determine what your trial strategy will be. For example, if your defense is that the traffic stop was illegal, there’s probably no need for an expert witness. The judge can make that determination without outside help. On the other hand, if your strategy is to attack the accuracy of the breathalyzer machine or the blood test, you will probably want an expert witness. Likewise, if you want to attack the field sobriety tests administered you would want to get an expert witness on the issue.

It is sometimes a good idea to get an expert witness early on in the case to be able to give you consultation on various issues. Having that expert consultation early on will allow you to determine if you should have an expert witness at trial.

Not every case needs an expert witness and expert witnesses are expensive. Consult with an attorney to determine if you should look into getting an expert witness.

Almost all of us have had the expereince, we’re driving down the road and all of a sudden our anxiety level rises as we see the lights flashing in our rearview mirror. The knee jerk reaction for most people is to feel guilty. We may not know what we are guilty of but we just feel like we are. This feeling leads a lot of people to feel like they should admit to whatever the officers says because as long as they admit to it the police officer will go easy on them. Well these are all misconceptions about the law and law enforcement that need to be cleared up.

The Stop

The first thing to realize is that being stopped by the police does not mean you have done something wrong. Based on the law it should at least mean that the police officer has reasonable suspicion that there has been a violation, but unfortunately that is not always true. During a traffic stop an officer is limited to what he is allowed to do (obtain your license and  registration, investigate the reason for the stop), and it is important that you don’t consent to more than that.  As a citizen you are under no obligation to help the officer in his investigation, and in fact the constitution allows you the right to not incriminate yourself. Obviously, we are not advocating that you lie to the officer or keep him from doing his job, but it is important that you don’t admit to anything whether you think you are guilty or not. In most cases the individual does not understand the ins and outs of the law and does not understand whether or not they are truly guilty and admitting to something can lead to legal consequences later.

Submitting to DUI Testing

One of the areas that people help incriminate themselves is through sobriety tests. In Utah a person can refuse DUI testing, but doing so allows the police officer to arrest you. The benefit of resisting the test, however, is that without testing a DUI charge becomes difficult to prove. If you have already been charged with a DUI then you should call us today to get help with your case. 801.900.3371

On May 22 Jonathan Bowers was stopped at an intersection in Taylorsville, when he was hit from behind by Gabriel Perez-Guiterez. Bowers was rushed to the hospital but later died from injuries sustained in the collision. Perez-Guiterez was later tested and found to have a blood alcohol level of .11 grams. Under Utah’s Automobile Homicide statute anything over .08 grams qualifies for auto-homicide. After the crash Perez-Guiterez fled on foot and hid in a window well where he was apprehended by police.

Worst Case Scenario

This story outlines one of the worst case scenario to driving under the influence. Perez-Guiterez now faces charges of automobile homicide, leaving the scene of an accident involving death, DUI, and speeding. The accident occurred while Perez-Guiterez was allegedly driving 75 mph. It is also reported that Perez-Guiterez hit another car before he hit Bowers and two other vehicles were also involved in the crash as a result of hitting Bowers.

Learning from Perez-Guiterez

This story should be a lesson to all of us that driving under the influence is dangers and you could face some serious consequences if you decide to drive drunk. If you have already made the mistake of driving drunk and you have been charged with a DUI hopefully you have decided to make a change in your life. Call a Provo DUI attorney to help you in changing your life for the better.

Utah law enforcement and prosecutors and even some judges would have you believe that the Intoxilyzer 8000 – the breathalyzer machine used by Utah law enforcement to detect the blood alcohol content in a person suspected of DUI – is infallible.  When one looks at a little bit of the science behind the Intoxilyzer machine, however, it it evident that it cannot be accurate for every person tested.

Partition Ratio Between Blood and Breath Alcohol

Currently in Utah and throughout the United States it is assumed that for every 2100 alcohol parts found in a person’s breath, there is one alcohol part in the blood, that is, a ratio of 2100:1.  How did we get to this number?  Between 1930 and 1953 several scientists studied partition rates in individuals.  Some found the partition rate to be 1300:1, other found 2100:1, others found 2000:1 and a variety of other partition rates.  In 1953, a committee was appointed by the U.S. National Safety Council which compromised on a 2100:1 ratio.  That is why we have that ratio today.

Why is this important? Because breathalyzer machines used by Utah law enforcement use the 2100:1 ratio as the accepted ratio.  The problem is that not everyone has a 2100:1 ratio.  Some people have lower ratios and others have higher.  By using the 2100:1 ratio, the BAC levels are overestimated in 20% of the population.  That means that 1 out of every 5 people who are charged with a Utah DUI have inflated readings from the breathalyzer machine.

How Do We Fix The Problem?

In order to determine whether your breath test was inflated we have to determine what your true partition rate is. We can do that with the assistance of medical personnel who can draw your blood over the course of several hours after you were drinking. They can test your blood to determine your true partition rate.  If your partition rate falls below that of the assumed 2100:1 your readings will have been inflated and you may have an excellent defense to defeating your DUI.

We Are DUI Defense Attorneys

Our DUI Defense law firm can help you face your DUI charges and fight tooth and nail to beat those charges.  Call us to find out more about our DUI services.