Daubert: Applying the New Standard in DUI Cases - Mike Hawkins

In the 2022 legislative session, the Georgia General Assembly turned the admissibility of scientific evidence in criminal cases into “The Upside Down.”  Historically, criminal cases have been governed by the “Harper” standard for as long as any of us can remember, but we are all going to have to learn, and apply, the new “Daubert” standard.  Fear not, Daubert has been around in civil cases (and criminal cases in many other states) for 30 years now.  Compared to Harper, Daubert has the potential to give the defense far more flexibility and usefulness, and in some instances, may place a far greater burden on the State.  Mike Hawkins will offer a primer on how to raise a Daubert challenge to the admissibility of scientific evidence, with a particular focus on its applicability to DUI and Homicide by Vehicle cases.  Blood testing, breath testing, horizontal gaze nystagmus, even accident reconstruction techniques – the primary scientific evidence in many DUI cases, is all now subject to challenge under the new standard.