Whether or not you should testify in your DUI trial is a difficult decision that involves you and your Memphis DUI attorney carefully considering many factors. While you cannot be forced to testify, should you decide to do so, you give the prosecutor the right to cross-examine. Therefore, it may not be in your best interest to testify.
However, jurors want to hear from you personally. Even though the jury is instructed on the presumption of innocence, which means they may not legally form any adverse conclusion from your decision not to testify, everyone, including your Memphis DUI attorney, knows that often jurors are unable to follow that instruction.
Jurors want to hear your testimony
The following are a few topics jurors want and need you to give a credible explanation of:
- Why were symptoms of intoxication claimed to have been observed by the officer?
- Why do the results of the blood test and breathalzyer appear to be excess of the legal limit?
- What were all the events and circumstances that occurred before, during, and after the arrest?
Possible legal ramifications if you decide to testify
In some jurisdictions, the defense counsel is barred from making an opening statement if no evidence is to be presented, but many times the only evidence available is the defendant’s testimony. Additionally, should you testify concerning your alcohol consumption it may be necessary to bring in expert testimony. If your testimony conflicts with the test results, only an expert can clarify matters.
If you have been charged with a DUI and have legal issues you would like to discuss with a competent and knowledgeable Memphis DUI attorney, please call David Willis at (901) DUI-DAVE today.