VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Testifying on Your Own Behalf
If you are charged with drinking and driving it is your right to opt for a jury trial in the case (at least in those states that have not banned it). If this is your choice – the following information should be considered before a final decision is made.
*First of all – just as it is your right to defend yourself on the stand – it is equally your right (in most cases) to remain silent as well – and allow your attorney to create the defense for you. Finally, there is psychology in a trial that finds it is difficult for a jury to disregard the fact that the defendant will not speak on his or her own behalf (that is a fact that cannot be overlooked).
*Even though it is the decision of the defendant whether or not to testify – most defendants look to their attorneys for professional advice. The bottom line is if the testimony will further damage a case it is not likely that the lawyer will advise his or her client to speak out. If, instead, the sworn statement is of no import to the outcome – then the attorney may decide to have the client take the stand.
*The defendant’s attorney must be able to predict to some extent what the possibility could be that damaging information may be revealed upon cross-examination by the prosecutor. This requires the defendant to be completely forthcoming with the defense attorney as to prior arrests and convictions – no matter how minimal or inconsequential they may seem to the client. It is better that this information be revealed in advance to ensure that the defense attorney has a full understanding of the scope of the case – than to have the information come out in cross-examination.
*Prior drinking and driving convictions make a DUI case more difficult for the defendant and lawyer. If that information is permitted to be shared with a jury – it is hard to explain away. However, there are no conditions under which an attorney would recommend that the client lie under oath or support it. This relates back to the previous advice – in which you are forthcoming with your attorney. Remember, they are bound by the attorney-client privilege and they have sworn an oath to provide the best defense possible. It would not be to your advantage to work at cross-purposes by hiding the truth.
*Part of preparing for a case in which the defendant will be testifying on his or her own behalf – is actually ‘prepping’ the witness. This will require an initial assessment of what a potential jury may consider to be a defendant’s strengths and weaknesses. Are they believable? Are they insolent? Even such seemingly unrelated things as a person’s manner of dress and language must be taken under advisement. Defense attorneys will take some time to offer practice question and answer sessions with the defendant. Although it may not seem fair to be judged by your look and dress – it is a sad, subliminal fact that in this media-driven world these superficial concerns matter.