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What Is the Daubert Standard and Why Does It Matter for DUI Cases?

What Is the Daubert Standard and Why Does It Matter for DUI Cases?

The Daubert standard for evaluation of expert witness testimony becomes very important in DUI defenses based on scientific evidence. Use of scientific experts is on the rise in DUI defense, but more than half the battle is getting an expert before the court in the first place. When prosecutors try to exclude an expert witness’s testimony, the trial court uses the Daubert standard (as adopted by Oklahoma) to decide whether to allow it into court. The Daubert standard comes from a Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In the case, the court created a...

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Are Standardized Field Sobriety Tests Legal in Oklahoma?

Are Standardized Field Sobriety Tests Legal in Oklahoma?

A recent court decision and changes to Oklahoma law have called into question whether Standardized Field Sobriety Tests (SFSTs) are really “legal” or “accepted” in Oklahoma. While law enforcement officers still administer the tests, defendants frequently question their reliability and their administration in court as part of a DUI defense strategy. SFSTs are field tests administered on the roadside at a traffic stop to drivers suspected of driving under the influence of alcohol. Usually, the tests used are approved by the National Highway Traffic Safety Administration (NHTSA). The basic tests are: the Horizontal Gaze Nystagmus, the Walk and Turn, and the...

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