Arizona DUI Update

Alarming Development: Some courts pushing cases towards trial on dates where the defense witnesses are not available.

In some Phoenix area DUI courts, cases are being hurried through, and consideration is not being given to the availability of defense witnesses, especially expert witnesses. In drunk driving cases involving a disputed chemical test result, a defense expert is critical to challenging the state’s evidence.

Without an expert witness, a defendant in a DUI case stands a greatly diminished chance of prevailing in front of a judge or jury. The reason is simple. Without an ability to expose the flows in the state’s forensic evidence, most finders of fact tend to believe the evidence wholesale. This is dangerous, because it can result in the conviction of innocent people.

Because of this scheduling crisis, it is becoming more important to reserve the expert early and do everything possible to ensure that cases that need to go to trial make it there quickly and as scheduled.