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May 15, 2022Being guided through the legal process to a potentially successful conclusion is one of the many reasons why people charged with DUI offenses seek legal representation. Your job as a criminal defense lawyer is to fight for your client’s right to a fair trial, which can involve making sure they’re aware of the many questions the prosecution could ask. If you’re getting your client prepared to testify at their DUI trial, it might pay to make them aware of some of the following commonly asked questions.
Are You Familiar With Alcohol and Intoxication?
Law firms like Riccio Law are well-versed in the type of questions prosecutors ask people charged with DUIs, and one of the most common ones is, ‘are you familiar with alcohol and intoxication?’
This question can be challenging because yes or no can both have implications. For example, if your client says they are familiar with alcohol and intoxication symptoms, the prosecutor might use this information to paint them as a habitual drinker accustomed to excessive drinking.
If they say they aren’t familiar with the symptoms of intoxication, the prosecutor may portray your client as a liar. You may like to prepare your client for many different variations of this question to ensure they’re as ready as possible.
Did You Rehearse Your Testimony with Your Attorney?
Your job as an attorney is to give your client the best chance of receiving a light sentence or having their charges dropped. Part of this preparation process might involve running through their testimony multiple times until they know the best phrases and terminology to use.
However, some members of the prosecution team might ask questions like, ‘Did you rehearse your testimony with your attorney?’ They might even ask your client if you told them what to say. There is nothing wrong with preparing your client for their trial, but it might also be worth preparing them for such a question. A suitable answer might be, ‘We discussed the events that might unfold today, and they instructed me to tell the truth, which is what I’m doing.’
Is X Symptom Consistent With Intoxication?
When your client was charged with a DUI, the officer in charge of the case may have noted down the symptoms they observed, such as a loss of coordination, slurred speech, and bloodshot eyes. As this information is in the prosecution’s notes, they might ask a question like ‘in your experience, is slurred speech consistent with intoxication?’ There are many different acceptable answers to such a question. Depending on the severity of the situation, confirming the symptoms or admitting to drinking might be among the best approaches.
You Have the Most to Gain By Lying to the Jury, Do You Not?
The prosecutor’s goal by asking a question like, ‘you have the most to gain by lying to the jury, do you not?’ is to call your client out for being dishonest to get off their charges. While this question won’t always be asked, it might be worth preparing your client with an appropriate answer such as ‘I understand that the penalty for perjury is far more severe than the penalty for a DUI.’
Being involved in a DUI trial can be daunting for anyone accused of such a charge. The more you prepare your clients for the questions that could be asked, the more confidence in their answers they might have.