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The Importance of Vetting DUI Witnesses

Posted by Steven Eversole | Nov 02, 2013 | 0 Comments

DUI defense witnesses can be a critical weight to the results of any drunk driving case. A defense expert may be able to testify to challenge the performance of a breath or blood test. An expert can also assess whether the arrest was made in compliance with the law. Any DUI defense witness must be properly vetted to ensure he has appropriate credentials and can expertly speak on any topic. In a recent case, prosecutors are filing perjury charges against a Georgia doctor who falsified his credentials to get on the stand.

Witness stand

An experienced DUI defense attorney will explore all options to mitigate charges and consequences of your case. Investigating every detail of your arrest, test results, and other evidence is necessary to challenge the case against you. Our Birmingham DUI attorneys are experienced in helping alleged drunk drivers protect their rights in court. As your advocates, we will review the case presented against you, challenge evidence, and use witnesses and other available evidence to support your defense in court.


According to reports, the doctor is being investigated by two states for lying about his credentials as an expert witness. The 68-year-old doctor testified as a defense witness in multiple DUI trials. If convicted, he could face a prison sentence. This case demonstrates the importance of vetting a sworn defense witness. Whether calling upon a law enforcement agent, a lab technician, a doctor or other expert during a DUI trial, your witnesses are there to support your case with legitimate expertise and knowledge. Perjury from a witness could devastate an entire case.

The doctor was an ophthalmologist (eye doctor) and testified in multiple criminal cases. Prosecutors in his perjury case are seeing to prove that the doctor lied when he told judges and jury members that he was invited to train law enforcement officers in field sobriety testing. Field sobriety tests are performed on suspected drunk drivers and are a leading method for identifying a intoxication. The doctor was not selected to train, but was simply a guest lecturer regarding eye injuries and never trained in methods of field sobriety testing.

In addition to lying about his experience in training the doctor also allegedly made false claims about being invited by Georgia's governor to participate in a review of field sobriety training. In fact, Georgia officials had never implemented such a program. A prosecutor who had observed the doctor's testimony said that he suspected the witness was not being truthful. His case is now the basis for the perjury case being built against the doctor.

An expert witness may be an asset to challenge how a test was being performed and whether the results of any field sobriety test, breathalyzer test, blood or urine test may be faulty. In this case, the doctor claimed that a driver accused of DUI lacked lung capacity to effectively blow into a breathalyzer machine. Prosecutors suspect that this drunk driver was acquitted because of the testimony.

The doctor is facing two felony counts of perjury and could face 7 years in prison.

If you have been arrested for DUI in Birmingham, call Defense Lawyer Steven Eversole at (866) 831-5292.

More Blog Entries:
New DUI Defense: Too Drunk to be Prosecuted? Oct. 12, 2013, Birmingham Underage DUI Defense Lawyer Blog

Field Sobriety Tests Only One Piece of the Puzzle in Alabama DUI Cases
, Aug. 25, 2013, Birmingham DUI Defense Lawyer Blog

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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