Both defense attorneys and prosecutors call witnesses to testify in Florida drunk driving trials. Sometimes the defense attorney calls the driver to testify, sometimes not. Whether or not the defendant should take the stand in a DUI / DWI trial is sometimes a dilemma for a drunk driving criminal defense lawyer. The decision of whether to have the driver testify depends on the facts of the case.

In some cases, having the defendant testify can explain an injury or illness that affected his or her performance on a field sobriety test. Having the driver testify may also excuse a chemical test refusal or help explain why the driver’s blood alcohol content (BAC) reading was artificially high.

However, in some cases there are compelling reasons to avoid having the defendant testify. Permitting some drivers to be cross-examined by the prosecution can be a blow to the defense.  Some defendants are emotional, nervous, or less than truthful on the stand. Allowing such a defendant to testify allows the prosecutor a chance to score points against the defense’s own witness.

Certain drivers must absolutely avoid testifying, because they were extremely intoxicated behind the wheel and don’t remember details of the traffic stop or arrest. Having this type of defendant testify can completely unravel the defense attorney’s strategy.

Although jurors are instructed not to view the fact that a defendant didn’t testify as a sign of guilt, they are sometimes unable to put aside those feelings. They may conclude that the defendant didn’t take the stand because he or she was guilty of drunk driving. A skilled criminal defense attorney will weigh this possibility against the risk of having the defendant testify, and decide accordingly whether to put the driver on the stand.