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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