Some of our clients ask our Walnut Creek DUI lawyer if they will need to take the stand in their case. No one can force you to testify in your own defense. Since the prosecution will cross-examine you if you do decide to testify, you should discuss your options with your Walnut Creek DUI lawyer. Sometimes, testifying might hurt your case while in other scenarios, you will need to take the stand so that you can clarify your defense. If you use either of the defenses of toxins or disconnect, you will need to testify.
Home painters, vehicle painters, mechanics and others who work near highly toxic materials deal with numerous substances and chemicals in their daily lives. These chemicals absorb into the body and can cause a false reading, registering as alcohol in a breath machine. An expert witness can testify about how exposure to toxins affects the body and skews the alcohol test results. You will need to testify about the type of work that you do, your specific exposure and how long you have been exposed. Our DUI lawyer in Walnut Creek might request OSHA paperwork to bolster your claim and will help you prepare for court.
Using a Defense of Disconnect
A disconnect defense means that the blood alcohol content level recorded by the breathalyzer or blood test is completely inconsistent with how you acted and felt prior to the test. At the time of the stop, the officer likely did not question you about your drinking or note your statements. You need the jurors to have a clear picture of the events leading up to your arrest. The disconnect theory demonstrates this information and calls into question the test results, challenging their validity. For example, if your BAC registered above .08 percent, you might counter that you only drank one beer, did well on the field sobriety tests, spoke clearly without slurring your words and did not need to use the bathroom. You can discuss using this defense with your Walnut Creek DUI lawyer to see if it is a viable option in your case.
Call Our Walnut Creek DUI Lawyer
Our DUI lawyer Walnut Creek at the Law Office of Blackie Burak can help you prepare your testimony in your defense. Call us at (925) 933-4500 .