When Testifying in Your DUI Trial Might Be Necessary

Posted on January 23, 2014

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If you face trial stemming from DUI charges, your DUI lawyer in Redwood City can discuss circumstances that might require your testimony. Some defenses can only be established if you take the stand to talk about them.

A DUI Lawyer in Redwood City Discusses the Pros and Cons of Testifying in Your Own Defense

As your DUI lawyer in Redwood City can explain, you cannot be forced to testify in your trial. The Fifth Amendment protects you against self-incrimination which, in a practical sense, means you can’t be compelled to take the stand. However, some DUI defenses can only be established through your testimony. The downside of testifying, as a DUI attorney in Redwood City can counsel, is that you will be subject to vigorous cross-examination by the prosecuting attorney. Still, some circumstances may make it worth the risk.

A DUI Attorney in Redwood City Explains the Disconnect Theory in a DUI Defense

In some cases, there may be a disconnect between the behavior and statements of a DUI defendant and his/her results on a blood alcohol test. Your DUI lawyer in Redwood City will explore whether you told the officer you hadn’t been drinking and if your behavior and field sobriety test results were consistent with someone sober. If so, your testimony may be crucial to establishing your defense.

A DUI Lawyer in Redwood City Explains a Toxic Exposure Defense

In some cases, defendants like painters, mechanics or others who work around toxic chemicals can produce skewed breathalizer results. Your DUI attorney in Redwood City can decide whether an expert witness might be needed to help establish this. Additionally, your testimony may be needed to show your actual exposure and could engender sympathy in the jury that could bolster your defense. If so, it may be beneficial to have you testify even though you’ll also face the prosecutor’s cross-examination.

For experienced legal help if you face criminal charges, contact a DUI lawyer in Redwood City at Silveira Law. Call (415) 795-3890 to set up a consultation.