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What Is the Role of a Toxicologist in a DWI Case?
In a DWI case, a toxicologist plays a critical role. They are called as witnesses to support the admissibility of blood or breath test results in court. Their responsibility is to demonstrate that the tests were conducted using recognized scientific principles and proper procedures, resulting in legally admissible scores. The toxicologist’s testimony is crucial in establishing possible intoxication in a client.
However, during cross-examination, the toxicologist can be questioned about potential mistakes or inconsistencies in the blood or breath tests. By skillfully challenging their testimony, we can cast doubt on the reliability or admissibility of the test results. Additionally, the toxicologist can be questioned regarding the relationship between the test result and the time of driving.
For instance, if a breath or blood test is conducted sometime after the arrest, we can question the toxicologist about whether the test result accurately reflects the blood alcohol concentration at the time of driving. Through cross-examination, we can demonstrate that the alcohol concentration at the time of driving was well below the legal limit. Alternatively, we can explore scenarios where the test results are excessively high, raising doubts about their believability.
Overall, the toxicologist’s role involves assisting in the admissibility of the test results as evidence, interpreting the results, and testifying about the proper scientific procedures followed during the tests.
For more information on the Role Of Experts In Defending Against DUI Charges, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (682) 204-4066 today.
The Role Of A Toxicologist In Challenging DWI Test Results
In this article, you can discover:
Whether a toxicologist can challenge the accuracy of breath and blood tests in a DWI case.
How toxicologists can be questioned during cross-examination in court.
The effects of medication on breath and blood test results.
Can A Toxicologist Challenge The Accuracy Of A Breath Test Or Blood Result In A DWI Case?
Absolutely. In some cases, the government needs to present the testimony of a toxicologist to make the blood or breath test admissible. However, during cross-examination, the toxicologist can be challenged regarding the conduct of the test and whether proper procedures were followed. Mistakes in the test itself, as well as errors in interpretation and how the test relates to the concentration at the time of driving, can be subjects of the examination.
Additionally, independent toxicologists can be called to testify for the defense, highlighting potential flaws in the test’s conduction and arguing for its inadmissibility. Their testimony can question the reliability of the results and challenge the notion that the person was intoxicated at the time of driving.
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