When a defendant chooses to go to trial on a drinking and driving offense, he or she should have an experienced Rochester DWI lawyer who knows what to anticipate.

While every case has its own unique aspects, in most drinking and driving cases there are a very limited number of witnesses who will usually testify at trial.

In most DWI cases, the prosecution will only call one or two witnesses:the arresting officer and – in cases involving the breath test – the officer who operated the breath test machine.

The arresting officer must appear to offer testimony regarding issues such as the identification of the defendant, the reason the defendant was pulled over, the police officer’s personal observations of the defendant’s physical condition, and any other factors leading to the conclusion that the defendant was under the influence of alcohol while driving.

The breath test operator must appear to testify regarding how the breath test was conducted and to provide a basis for the admission of the breath test score as evidence.
The prosecution may need additional witnesses in certain DWI cases.

For example, if a case involved a blood test instead of a breath test to determine the defendant’s blood alcohol level, the laboratory worker who tested the blood would be required to testify.

In many DWI cases, the defendant may not present any witnesses.

The defendant has a right to remain silent and is not required to testify unless he or she believes it would be helpful to the case.

The prosecution has the burden of proving the case beyond a reasonable doubt.

While the defendant may present other witnesses under certain circumstances, such as eyewitnesses who indicate that the defendant did not appear intoxicated, it is not unusual for the defense to rely upon cross-examination of the prosecution witnesses to undermine the prosecution’s case instead of presenting its own witnesses.

We can help you if you have been arrested for drinking and driving.

Call us at 585-484-7432 for a legal consultation.