If you have been charged with driving under the influence, there are some things you need to consider before moving forward with fighting your charge in front of a jury.
If you feel you were arrested for DUI unlawfully and want to ensure that any evidence collected illegally is not used in your case, you can request a pretrial hearing. During this hearing, you will have the opportunity to make a motion to keep this illegally obtained evidence from being used against you by the prosecutor. Examples of illegally obtained evidence can include a Breathalyzer or blood test that was forcibly conducted under threat of violence. This type of motion is typically heard several weeks prior to the trial and requires the assistance of an attorney due to the complicated nature of the process.
Consider Using An Expert Witness
Expert witnesses are people who have specialized scientific knowledge or expertise on a specific subject matter. Prosecutors call expert witness routinely in DUI cases to explain the science behind how the body reacts to substances like alcohol. One will likely be used in the case against yours, so you should hire your own expert witness if you believe they could prove that you were not affected by the illegal amount of substances in your system. You will have to pay for your witness, which can be expensive. However, if you think it can keep you from being found guilty, it is worth considering.
Think About Your Testimony
You also have a right to take the stand on your own behalf if you want to. However, you should only do so if you think that the jury will believe you. If they do not believe even one portion of your defense, chances are you will be found guilty. Also keep in mind that you will be cross-examined by the prosecution who will take every opportunity to push your buttons and hope that you lose your composure on the stand. This could cause you to lose your credibility with the jury. Hiring an attorney who has experience building solid cases and dealing with cross-examinations will mitigate those risks.
You will need to consult an attorney like those at Boehmer Law if you want to fight your charge in court. You have the option to represent yourself, but it is not advisable in DUI cases due to the scientific and technical aspects of the case.