Featured News 2013 Defending Your DUI Charge in Court

Defending Your DUI Charge in Court

If your DUI case is going to trial, then it is important to understand how this trial will proceed, and what your possible defenses could include. While your attorney can give you a much more complete explanation of the process, here is a brief overview of some things you can expect, and some options you may have in a DUI trial.

One of the key pieces of a DUI trial will often be the testimony of an expert witness. This expert will weigh in on chemical tests. The expert will probably be someone who understands the processes used to test your blood alcohol content, and he or she will be able to explain how alcohol affects the body. If your charge includes being under the influence of marijuana, cocaine, or some other controlled substance or a prescription drug, then there definitely has to be an expert on the drug's effects. The prosecution will usually bring such an expert in the case against you, but you can have an expert on your side too. The thing is, an expert will probably cost you at least $1,000. But if your trial involves tests that say your BAC was 0.08 or higher, then this is probably a price you will have to pay.

An important defense that may be available to you is suppressing evidence. Talk with a DUI lawyer to see if this is possible in your case. For example, perhaps the police stop was unlawful because there was no reason for pulling you over; the officer just worked off of a hunch. Or maybe your search and seizure rights were violated by the officer. In these and similar instances, you might ask for a pretrial hearing to prove that some evidence has to be thrown out of the case. If your motion to suppress evidence is successful, then the prosecutor is unable to use that evidence in the trial. This hearing not a time for a defendant to go it alone; suppressing evidence requires following a lot of complex legal processes which require a competent attorney to handle.

A lawyer may also be able to file a motion to "strike a prior". This option applies to cases where the defendant has at least one previous DUI conviction. Any subsequent conviction, or even a plea bargain, would mean an escalation in the penalties that defendant would face, because he or she is a repeat offender. When you are facing a subsequent DUI charge, then it is perfectly legal to "deny" any previous convictions. This opens up the opportunity for the lawyer to strike a prior conviction; in this way it cannot be used against you to create a stricter sentence. Unfortunately, this procedure is also highly complex. Just determining whether or not you qualify for such a motion requires a great deal of technical knowledge. Pursuing this motion requires further legal expertise.

Finally, you are likely your only (non-expert) witness. Should you testify? It is your constitutional right to do so if you so choose, but you have just as much a right to refrain from testifying. You and your attorney will have to decide. The bottom line is that you will have to decide whether or not a jury will believe absolutely everything that you say. For example, if you have any criminal history, even an offense that has been expunged, a prosecutor can bring this up to "impeach" you, discrediting you in front of the jury. An attorney might advise you to testify if and only if you can keep your cool under high pressure, and there is little the prosecution can do to undermine your testimony.

For more information about your DUI charges and preparing for a trial, do not hesitate to contact a DUI lawyer today. Get an experienced legal representative while time is still on your side.

Related News:

Oklahoma Bill Seeks to Reduce DUI Incidents By Preventing Alcohol Purchases

Oklahoma Senator Patrick Anderson has proposed a bill that make it illegal for someone that has previously been convicted of driving under the influence from purchasing or consuming alcohol at all. ...
Read More »

How Accurate Are DUI Tests?

Chemical tests, or a defendant's refusal to submit to these tests, will play a key part in any DUI case. When a driver suspected of DUI gets pulled over, an officer can ask the driver to perform ...
Read More »

Does Alcohol Really Kill Brain Cells?

You probably heard it from your parents, and you might have heard it from your teachers and your friends, "Alcohol kills brain cells." But, is this based on fact or is it a myth? To set the ...
Read More »