Nebraska and Iowa's Criminal Defense Lawyer

An Omaha DUI Lawyer Explains Testifying in Your DUI Trial

05 March 2015
Omaha DUI lawyer

If you have been charged with a DUI, an Omaha DUI lawyer can help you decide whether it is in your best interest to testify at your trial. There are many factors in determining if you should testify in your DUI trial. The decision is yours; no one can make you testify. However, if you do, the prosecutor will be allowed to cross-examine you. You and your attorney can discuss whether your story will stand up to a cross-examination, or whether it is not worth it for you to testify at all. However, since the jury is to presume you are innocent, an Omaha DUI attorney knows that juries prefer to hear from the person charged. There are many details you can provide that no one else can.

What Jurors Want to Hear

Jurors will be looking for answers to many questions, including the following:

  • What were you doing immediately prior to your arrest?
  • Why are the results of the blood test or breathalyzer above the legal limit?
  • What symptoms of intoxication did the police witness?

You are the only person that can testify about all your activity prior to, during, and following the arrest. It is also possible that you end up being the only person to testify on your own behalf.

Legal Ramifications of Your Testimony

If no evidence will be presented and you do not testify, then your attorney cannot make an opening statement. However, if you do testify, much of what you say will be your word against that of the police officer, or against the breathalyzer machine. If you choose to testify about the amount of alcohol you consumed, then an additional expert testimony may be necessary to explain your testimony. In other words, an expert can explain any conflict in evidence between the amount you claim to drink, and how the breathalyzer result may not tell the entire story.

Talk to a Lawyer Today

For more information on whether you should testify in your DUI trial, contact an Omaha DUI lawyer for help.