Challenging Witness Credibility in a DUI Case

June 28, 2021 Posted in Misdemeanor

When someone is arrested for a DUI, that does not mean they are sure to be convicted. They still must be proven guilty. Prosecutors will work hard to build a case to convince a judge the person is guilty. If this doesn’t work, the case against a person charged with a DUI may be dropped. With the right DUI attorney defending them, a person has a much better chance of getting their case dismissed or penalties reduced.

Possible Ways Credibility Can Be Challenged

Eyewitness Testimony

A DUI lawyer will review all aspects of a case. They may determine that there is evidence they can challenge, which includes eyewitness testimony. Some may believe what a person says under oath is irrefutable but there are always ways that eyewitness testimony can be challenged.

Defect in Recollection

It is possible to illustrate that a witness can’t recall details of the event. When this is successful, it damages the credibility of the witness. This will show how a person’s memory can change with the passage of time. It may be possible to show how the witness is actually confusing one incident with another similar one.

Subjective Findings

It’s also possible for someone to correctly remember an incident and still not understand what they witnessed. A person could state they saw a driver talking on a phone as they were driving. The reality could be the driver was simply pushing their hair behind their ear. It could have still looked to the witness as if the driver was holding a phone. They may say a car was black when it was really blue. The appearance may have appeared different because of the lighting during the incident.

Impeachment

Case-specific impeachment is a way to impeach a witness. This can occur when it is established that a witness has a financial benefit from some aspect of the case or its outcome. It could involve an expert being paid for their testimony and promises from a prosecutor of being used in more similar cases. A person could have an agreement with the court to eliminate their penalties in another case for their testimony, and more.

Motivation

Not all the witnesses to a DUI are uninvolved bystanders. Some individuals have specific motivations for what they tell police or the court. A witness could have a personal relationship with the driver or they may know some of the passengers who were hurt in the accident. A witness could be a law enforcement officer who doesn’t want others to know of his involvement.

Conflict of Interest

An attorney may be able to show that a witness has a conflict of interest in a particular case. This would be considered unethical behavior by a witness. They may work for an insurance company planning to sue the defendant, they may be financially connected to the prosecutor of the case in some way, etc.

Anyone who has been charged with a DUI should contact the Law Offices of Gary L Rohlwing. He fights hard to get the charges against his clients dismissed or reduced. It doesn’t matter if someone has been charged with DUI for the first time or more than once; he always works hard to obtain the best possible outcome in every DUI case. Contact him today. His website is https://www.criminal-duiattorney.com/.