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Criminal Defense

Factors to Consider Before Taking the Stand in a DUI Defense Case in Los Angeles County

By December 13, 2024January 22nd, 2025No Comments

Finding yourself facing a DUI (driving under the influence) charge is understandably overwhelming and stressful. Suddenly, you face an uncertain future, and you are likely wondering how this incident is going to affect your driving privileges, car insurance, and other aspects of your life. What’s more, the DUI offense you stand accused of may carry significant penalties, including potential jail time and costly fines. However, before your mind starts to assume the worst possible outcome, it’s essential that you enlist the guidance of a highly qualified and experienced Los Angeles County DUI defense lawyer who can help you understand what to expect during the upcoming legal proceedings while advocating for your best interests at every opportunity. As you and your attorney start to work on preparing your DUI defense strategy, you can explore the various options that may be available to you. If you and your DUI defense lawyer are deciding whether to include defendant testimony as part of your overall legal strategy, it’s essential to recognize some of the potential advantages to (as well as some of the risks associated with) taking the stand in a DUI case. Let’s take a look at how incorporating DUI testimony as part of your legal defense strategy may affect the outcome and some of the steps you can take to maximize your chances of securing a fair and favorable outcome given the specific circumstances of the case.

Understanding DUI Offenses in Southern California

First, it’s helpful to understand what a DUI offense in California means, in both legal and practical terms. California’s Vehicle Code section 23152 states, “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” In other words, driving a motor vehicle with a blood-alcohol concentration (BAC) level that measures at or above 0.08 percent can lead to a DUI charge. Those convicted of a DUI offense can face both criminal and administrative penalties. For instance, a first-time DUI offender may face a misdemeanor charge that’s punishable by up to six months in prison and hefty fines. Additionally, the defendant will likely face penalties through the Department of Motor Vehicles (DMV), such as the automatic suspension of their driver’s license, mandatory participation in an approved educational program, or the required installation of an ignition interlock device (IID). Even if the penalties for a misdemeanor DUI conviction do not seem too serious, it’s important to discuss your options with a trusted and experienced Los Angeles County DUI defense lawyer to reduce the lasting consequences that could accompany a DUI conviction.

Building a DUI Defense Strategy

Being charged with a DUI offense in Los Angeles County is understandably upsetting. However, you can protect yourself by contacting a highly experienced and knowledgeable criminal defense attorney as soon as possible to start exploring your options for establishing a strong and effective DUI defense strategy. Every case is unique, so you and your defense lawyer can examine the details of your situation to identify the most appropriate course of action. If you find that taking the matter to trial may be a strategic path forward, it’s essential to familiarize yourself with any defendant testifying in court rules and procedures.

When Should a Defendant Testify in a DUI Case?

As the defendant, you are under no obligation to present any evidence or testify on your behalf. All defendants are viewed as innocent until proven guilty, and it’s up to the prosecution to present enough compelling evidence that gives the court sufficient reason to find you guilty. In most cases, it isn’t necessary (or even recommended) for defendants to take the stand to give testimony. Generally speaking, one of the biggest risks of the defendant taking the stand is subjecting them to an intense and contentious cross-examination by the prosecution. While it’s understandable that you may want to take the stand to tell your side of the story, it can be hard to remain “likable” and credible in the eyes of the jury—especially if the case comes down to your word against that of a respected law enforcement officer who has considerable experience in DUI cases. The decision of whether or not to include defendant testimony in your overall DUI defense strategy should be discussed at length with your knowledgeable and trusted Los Angeles County DUI defense lawyer.

Identifying Other DUI Defense Strategies to Protect Your Future

When you enlist the services of a seasoned DUI defense lawyer, you can trust in their experience and deep familiarity with these matters to guide your approach. Depending on the specifics of your case, it may be advantageous to point out potential violations of your constitutional rights at the time of your arrest or question the validity or accuracy of the DUI tests. Your attorney may also uncover potentially biased activities on the part of the law enforcement officer and use these concerns to develop your DUI defense strategy. No matter what the specific details of your situation may be, you and your highly-experienced criminal defense lawyer can work together to identify the most strategic course of action.

Get the DUI Help and Expert Legal Guidance You Deserve

If you have been arrested for a DUI offense, you are far from alone. However, just because DUI charges are not uncommon does not mean you should brush them off and not take them seriously. Even a misdemeanor conviction can carry lasting consequences, so it’s important to discuss your case with a knowledgeable and trusted Los Angeles County DUI defense lawyer. Together, you can evaluate the strength of prosecution’s evidence, discuss the potential risks of cross-examination, and identify the most strategic path forward that aims to keep your future as bright as possible.

As the go-to criminal defense law firm in Los Angeles County, Wegman & Levin is ready to provide you with exceptional legal defense services while fighting hard to keep your future as bright as possible. Call our office today at (818) 980-4000 to arrange a free consultation with a trusted and experienced criminal defense attorney.

Michael M. Levin, Esq.

Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More

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