Medical Experts

If you believe it may be appropriate to bring forward testimony by a medical expert, it is crucial to consult an experienced Mesa DUI defense attorney. James E. Novak is a tenacious and knowledgeable attorney with past experience as a prosecutor. He brings to bear four advanced higher education degrees and uses his technical understanding of lab testing and evidence in these cases to build strong defenses for the accused. He understands what medical issues could give rise to unfavorable test results in Tempe, Mesa, Chandler, Phoenix, and nearby areas and may be able to use that on your behalf.

Both the government and the defense may rely on expert witnesses in connection with a DUI case in or around Mesa and Tempe. Expertise in accident reconstruction, toxicology, and police procedure can be important to determining whether you were driving under the influence. Sometimes police rely on observations of a suspect’s physical condition in order to make an arrest. Physical indicia of drunkenness can include poor balance during a field sobriety test, slurred speech, and bloodshot eyes. However, there are also situations in which medical conditions can give rise to the same signs.

It may be necessary to retain a medical expert to testify about medical conditions from which you were suffering or other relevant medical factors to raise reasonable doubt about chemical test results.

For instance, if you have gastroesophageal reflux disease (“GERD”), the contents of your stomach may be pushed into your mouth and esophagus. This can result in you having a larger quantity of mouth alcohol that would result in abnormally high breath test results. If that seems to be relevant to your case, we could present a medical expert to explain your medical condition to the jury and demonstrate the mechanism by which you had a higher quantity of mouth alcohol such that you would up with a blood alcohol concentration of .08 or higher.

Blood alcohol concentration may also be elevated as the result of medical conditions like diabetes. As a diabetic, you may produce ketones on your breath that could get confused for alcohol in the course of a breath test. Our medical experts would describe for the jury how this confusion occurs and challenge the reliability of the test results.

Neurological conditions can also give rise to negative field sobriety test results. For instance, if you have multiple sclerosis, you may have difficulty walking in a straight line. The condition itself could result in an unfavorable outcome; your inability to pass the test may not be related to intoxication. Likewise, brain injuries or conditions could give you difficulties with speech and short term memory; law enforcement officers may mistake your medical struggle for intoxication.

Your own treating physician may be an expert whose testimony could be presented to the court. However, it may be more appropriate to retain a professional medical expert who has a high degree of credibility with the court, and who could explain technical matters to the jury. When we retain an expert, we must provide him or her with medical records. To review The expert would need to prepare a report that we could give to the prosecution in the pretrial period. If the expert is credible and the report is sound, the prosecutor may be willing to dismiss the charges or reduce them based on the information provided.

When the prosecutor is not willing to dismiss the charges based on medical expert opinion, our lawyers would prepare to go to trial. A medical expert could be called to testify on your behalf and would be cross-examined by the prosecutor. The government may call an expert witness to testify, as well.

When you hire a Mesa DUI defense attorney, you have the best possible chance of securing a dismissal, negotiating a plea for a lighter sentence, or winning at trial. James E. Novak may be able to represent you. He represents those accused in Tempe and Phoenix, as well as Gilbert, Chandler, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.