Whether or not you testify at your DUI trial isn’t a decision to be made lightly and it’s one that’s best made with guidance from your King County defense attorney. There are pros and cons to taking the stand, and your lawyer is the best person to assess the potential benefits and risks.
Jurors will naturally want to hear your side of the story, and even though they will be instructed not to presume anything about your guilt or innocence, they are going to wonder why you are not taking the stand in your own defense. In other words, no matter how they are instructed, it is difficult for jurors not to be influenced by your absence from the witness stand.
If you do take the stand, you will have an opportunity to give the jurors a believable explanation about your DUI. If you were the only witness to your arrest, then your explanation as to why the officers are claiming you were intoxicated, or why the breathalyzer or blood test results had you over the legal limit is relevant to the case and the jurors’ ability to reach a verdict. In addition, if you testify about how much you drank on the night in question, an expert may be called to testify in your defense and validate your statement that you were not over the legal limit.
On the other hand, if you do take the stand, the prosecutor will have a chance to cross-examine you and, potentially, undermine any benefits you incurred during your direct testimony. Whether this is worth the risk is best left to you and your King County defense attorney.
If you are not currently represented by King County defense attorney, and you would like to speak with me about the DUI charges against you, please contact me. Use the Free Case Evaluation form on this page to tell me about your situation, or call or email me directly.