Facing a DUI in Pennsylvania: Should You Testify at Trial?

If you are facing a DUI in Pennsylvania, you need to make several critical decisions about your defense. One of these decisions is whether to testify at trial.

When you are facing a DUI, you have the right to testify in your own defense if you choose to do so. Prosecutors cannot force you to take the stand—although they have the right to cross-examine you if you take the stand voluntarily, as discussed below. This is just one of many factors you need to consider, and, ultimately, whether you should testify in your DUI case depends on the specific facts and circumstances involved.

Why Might You Want to Testify in Your Pennsylvania DUI Case?

With this in mind, why might you want to testify in your Pennsylvania DUI case? Some of the reasons why you might want to consider testifying include:

• You admitted to drinking and driving. If you admitted to the police that you were drunk behind the wheel, you can expect prosecutors to use this against you at trial. In this situation, you might want to testify in order to clarify that you were scared, confused, or felt pressured to confess even though you didn’t actually know whether you broke the law.
• There is an alternate explanation for your erratic driving or your “failure” of the breathalyzer or field sobriety tests (FSTs). Prosecutors often rely heavily on dash camera footage, breathalyzer test results, and FST results to prove DUI charges in court. If there is an alternate explanation for what appears to be evidence of intoxication, your testimony could potentially be one of several forms of evidence that you can use to explain why a DUI conviction is unwarranted.
• You need to correct the record. In some cases, testifying can also be an effective way of correcting the record, or at least creating reasonable doubt about what has been said in court. If, for example, the arresting officer misconstrues the facts surrounding your DUI arrest during his or her testimony, providing competing testimony could potentially help save you from an unwarranted DUI conviction.

Importantly, while testifying is one way to address these types of issues during a Pennsylvania DUI case, there will often be other options available. For example, challenging the constitutionality of your traffic stop or arrest, challenging the reliability of your breathalyzer or FST results, and challenging the prosecution’s handling of your case are all potential options as well. Given the risks involved with testifying in court (as discussed below), it will be important to consider all of your options before deciding how you want to proceed.

Why Might You Not Want to Testify in Your Pennsylvania DUI Case?

Now that we’ve discussed some of the reasons why you might want to consider testifying, why wouldn’t you want to testify in your Pennsylvania DUI case? Some of the reasons why you might not want to testify include:

• Prosecutors will have the right to cross-examine you. As mentioned above, if you decide to testify in your DUI case, prosecutors will have the right to cross-examine you. Facing questions on cross-examination is very different from facing questions from your defense lawyer, and prosecutors will be looking for any way they can trip you up or discredit your direct testimony.
• Taking the stand can be stressful, and stress can lead to mistakes. No matter how much you prepare, taking the stand during your DUI case will be stressful. Stress can lead to mistakes, and if you say the wrong thing at trial, you might not be able to take it back.
• The judge or jury might not find your testimony credible. Even if you stick to your plan, this doesn’t necessarily mean that the judge or jury will find your testimony credible. If the judge or jury doesn’t believe you for any reason, your decision to testify could potentially do more harm than good.

These are just examples, and as we said above, there are several factors to consider when deciding whether you should testify in your own defense in court. The key is to make an informed decision, and if you decide to testify, you will need to work closely with your defense lawyer to ensure that you are as prepared as possible.

So, Should You Testify at Trial?

Given what we’ve discussed thus far, should you testify at trial? Along with considering the potential benefits and drawbacks discussed above, you will also want to consider the alternatives that you have available. Depending on the facts and circumstances of your case, these alternatives may include:

• Entering Into an Accelerated Rehabilitative Disposition (ARD) Program – If this is your first DUI, you may be eligible to participate in an ARD program. If you enroll in (and successfully complete) an ARD program, your DUI case will be dismissed without a trial.
• Negotiating a Plea Bargain – Negotiating a plea bargain is another potential option for mitigating the consequences of a DUI arrest in Pennsylvania. If you are not eligible for ARD, working with your defense lawyer to seek a plea bargain could be your best option if a conviction at trial appears likely.
• Seeking Pre–Trial Dismissal of Your DUI Charge – In some cases, it will be possible to seek pre-trial dismissal of a DUI charge without ARD. If the police violated your constitutional rights, for example, you may be able to seek pre-trial dismissal based on the fact that the prosecution’s evidence against you is inadmissible in court.

Here too, these are just examples. Once again, when you are facing a DUI in Pennsylvania, informed decision-making is critical. To discuss your options with an experienced Stroudsburg, PA DUI defense lawyer in confidence, contact us today.

Request a Free Consultation with Stroudsburg, PA DUI Defense Lawyer Brian C. Jordan

Are you facing a DUI in Pennsylvania? If so, Stroudsburg, PA DUI defense lawyer Brian C. Jordan can help you make informed decisions about your next steps. To discuss your options with Mr. Jordan in confidence as soon as possible, call 570-413-0257 or tell us how we can reach you online now.