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Some experts in the field of chemical analysis of blood alcohol resulting from a breath sample specialize in giving testimony for the Defense, while others appear consistently for the prosecution. Some offer their services to either side. Since there is no license issued specifically under the title of "expert witness" in the field of breath samples and analysis, the term "expert" applies only to the witness qualifications, and the attorneys on both sides will attempt to discredit those qualifications.

So often an expert in blood alcohol analysis will feel as if he/she were on trial, during a fierce exchange in cross examination. Whether or not the expert is in fact discredited, remains a personal choice for each juror.

It is not unusual for Defense and Prosecution Attorneys to be one and the same individuals who have opposed each other at other D.U.I, trials. Nor is it unusual for the same judge to be presiding, and the same set of expert witnesses testifying. A rematch so to speak with only the defendants, jurors and circumstances changed.

Testimony of experts can become quite complicated and technical, powerful stuff in an otherwise weak case. The presentation, examination and cross examination of experts is child's play to experienced D.P.D's and A.D.A's.
D.U.I, trials require approximately five days for completion, including a jury's deliberation time out for deciding the case. More complicated cases take that much longer. After reaching a verdict, and returning to the court room, they will be released following the announcement of that verdict.

A "not guilty" verdict will bring a sigh of relief to a defendant who might feel as if he/she had played poker all night, and broke even. The court will then consider an assessment for legal fees. This amount could exceed what the maximum amount of a fine could have been, on a verdict of guilty, or a plea of guilty to a lesser charge. Or-there may not be any assessment at all and the defendant would have only sustained the cost of bail commission, impound costs, and loss of income. Emotionally he would have been put through the wringer. The victory is shallow and anticlimactic. But it will serve the educational purpose of teaching a drinking driver the valuable lesson: "Don't let this happen Again"-
A verdict of guilty, to a disappointed defendant will bring about the penalty phase of the trial. It may take place upon conclusion or at a later time, if requested. The judge may consider all the accumulated costs to the State in presenting the trial, and reflect this in the sentence.
If you are the unlucky defendant you might look forward to a maximum fine allowed by law, and an assessment for Public Defender legal fees, if your financial condition warrants it. Sometimes even if it doesn't, the court may impose a payment schedule, a time payment plan to cover the amount assessed.

Additionally, probation and possible attendance into a rehabilitation program may be imposed. The sentencing generally, will tend to be a bit harsher than it might have been, had you agreed to a plea of guilty to a lesser charge, and saved the State the time and money which the trial cost.

You may choose to serve a jail sentence in lieu of paying the fine and/or assessment, or you may desire to bring the case up "on appeal". You are guaranteed the right of appeal by law, but you will learn that it is not so easy.