A Redwood City DUI Defense Attorney Discusses DUI Defenses Requiring Your Testimony

Posted on March 13, 2014

Court Room Your Medical Condition Interfered With the Results of the DUI Tests

Your testimony may be required if a medical disorder of yours affected the results of the blood, breath or urine tests or your field sobriety test performance. Conditions such as diabetes, GERD and hypoglycemia could have an effect on blood and breath tests. Your attorney may opt to restrict your testimony on the incident factors that resulted in the DUI charge and only let you testify about your medical condition. This will avoid a cross-examination concerning the incident.

A Physical Condition of Yours Affected the Results of the Field Sobriety Tests

It may be necessary to have you reveal any physical problems you have that could have affected your field test results. For instance, any obvious foot or leg problem or deformity that would interfere with test performances can be demonstrated by rolling up a pant leg, taking off a shoe or wearing shorts to allow the jury to see the problem.

Since a physical demonstration is non-testimonial, a DUI defendant can exhibit a deformity or injury to the jury without having to testify or be subjected to cross-examination by the opposing counsel.

Physical Evidence Is Sufficient to Counteract Any Slip-Ups

When the physical evidence of the case gives support to your testimony, you and your attorney may come to the conclusion your testimony will be beneficial. One of the benefits of testifying in this instance is that the physical evidence may counteract any slip-ups you may make while testifying. A good example of this benefit is the existence of alcohol purchase receipts in a rising alcohol case.

Typically, the computerized records of most establishments provide not only the payment receipt, but also the server’s name, amount and type of drinks consumed, time the check was opened and the time the tab was closed. With this information and proper preparation, you can testify.

Obtaining an Attorney

A competent DUI lawyer can help you know when and how to testify. Please contact Silveira Law at (415) 795-3890 to request a free consultation with an experienced and knowledgeable DUI defense attorney in Redwood City.