Most Rochester residents are aware that anyone arrested for a crime – including a drinking and driving offense – has the right to remain silent and cannot be forced to testify against themselves at trial.

Whether it is a good idea for a defendant to forego this right and testify at a DWI trial depends on the specific facts surrounding the arrest.

It is important to consult with an experienced DWI attorney when making the decision whether or not to testify.

In many drinking and driving cases, there are several good reasons why a defendant may not wish to testify.

The fact that most people have no experience with being subjected to formal questioning, which can be a very nerve-wracking experience, itself argues against testifying in many cases.

Unfortunately, how a defendant looks on the stand will be analyzed as fully as what he or she is saying, and sometimes it is difficult to distinguish appearing nervous from appearing guilty.

When it is decided that a DWI defendant does need to testify, he or she should be carefully prepared by the defense lawyer.

Being cross-examined at trial is not the same as having a normal conversation, and the defendant must be prepared to listen carefully to the question asked, evaluate it, and answer only that question.

It is almost never helpful to volunteer information during cross-examination, argue with the prosecuting attorney, express personal opinions, or guess at unknown facts.

When deciding if it is a good idea to testify, it helps to consult with an experienced DWI lawyer who can fully evaluate the circumstances surrounding your arrest and how you will be perceived at trial.

We have years of experience defending drivers accused of drinking and driving. Call us at 585-484-7432 for legal help.