Testifying at Your DUI Trial

Most DUI cases resolve short of trial. However, in the right case, a trial is the best strategy. When you testify, there are some basic rules you should follow.

Tell the Truth

This cannot be stressed enough. You must tell the truth when you testify at trial. If the truth is you can't remember, then you should testify to that. Don't guess or speculate or provide what you believe is the right answer based on other information you have about the case. Often, people are uncomfortable not providing a response, so they say something like, “I think I may have left the bar at 11:30.” If you really have no idea, or even only a vague idea, you should respond instead, “I'm sorry. I have no recollection of the time I left the bar.” There is nothing wrong with not knowing something. On the other hand, providing facts when you don't actually know the answer can have both criminal and civil consequences.

Listen to the Question & Answer Only that Question

It is surprising how often people respond to questioning with what they think the person wants to know, not what they asked. For example, many people if asked, “Do you have a watch?” respond with, “It's 4:30” or whatever the time may be. When testifying, if asked, “Do you have a watch?” the correct response is either “yes” or “no.” It is not: “It is 4:30” or “I'm not wearing it today” or “It's at the jeweler's, getting a new battery.”

Take a moment before opening your mouth to consider the question before you. Answer that question and that question only. Then wait for the next question. You may rest assured that the attorney will follow up with an additional question if he or she wants more information.

Be Prepared

If your attorney asks you to review a police report or statement ahead of time, do so. Being prepared is essential to your defense. Often, it will be weeks or even months between the time of the charges and the trial. By taking the time to review the case, you will be better able to testify about the facts and circumstances surrounding your DUI charges.

Do Not Argue

You may be upset about your DUI charge. You may also not like the prosecutor: how he addresses you in court or the questions he asks. You must always show respect in the courtroom, any negative emotions or outbursts on your behalf will be negatively received by the judge and/or jury. If you are arguing to try to persuade the prosecutor to see things your way, you should know that will never happen. So stay calm and answer only the questions asked of you.

If You Are Facing DUI Charges

If you are facing DUI charges, contact a Roswell and Alpharetta Georgia DUI lawyer immediately. Our team of DUI lawyers works hard representing only people charged with DUI. We know the law, and we are not afraid to litigate cases on behalf of our clients. Let us work for you. Call us today.