Witness testimony is critical to the outcome of any criminal case, including those involving charges of driving under the influence (DUI). During DUI trials, the prosecution will often call witnesses to the stand to help them obtain a conviction. If you have been charged with a DUI in Florida, your defense attorney can also call upon witnesses to testify in aid of your defense.
If you or someone you care about has been arrested for drinking and driving in Florida, now is the time to work with an experienced DUI defense attorney. Criminal Defense Attorney Brian Gabriel has fought for the rights of clients facing DUIs for over 30 years. Mr. Gabriel knows what types of witnesses can support your case and what questions to ask to build your defense.
How Witness Testimony Works in Florida DUI Cases
In Florida DUI cases, the prosecution will present witnesses capable of overturning your defense. The prosecution may call upon witnesses such as police officers, eyewitnesses, and even toxicologists to testify against you. If your DUI lawyer does not effectively refute their statements, their testimonies alone could be a strong setback to your DUI case.
If you have a skilled DUI attorney representing your interests, they may be able to utilize cross-examination techniques to limit the damaging effects of witness testimony by discrediting a witness’s statement or, in some cases, impeaching the witness entirely.
It is often tricky for lawyers to discredit the authenticity of an expert’s opinion successfully. Therefore, when the prosecution calls upon an expert witness to deliver damaging evidence, your DUI defense attorney may employ their own expert witness in the same field to shine new light on the issue and put their statements into question.
How Eyewitness Testimony Might Be Used in Florida DUI Cases
While on the stand, witnesses are permitted to testify only on what they have experienced or seen first-hand, not what they have been told. Any second-hand testimony would amount to hearsay, which is inadmissible in court.
It is typical for expert witnesses to be recruited to testify in Florida DUI cases. Specialists may be called to the stand to discuss factors such as:
- Alcohol absorption in the body
- Chemical testing
- Field sobriety tests
- Accident reconstruction
Eyewitnesses such as passengers, bartenders, and bystanders may not have the same intrinsic reliability and influence as professional witnesses like police officers and toxicologists. However, they can still sway the jury, especially if their testimony is persuasive and genuine. For instance, if another driver testifies your driving was not abnormal when you were pulled over, or a bartender describes how they only served you two drinks and you were able to carry on a normal conversation before you left, it could be beneficial to your defense.
Choose a Top-Rated Florida DUI Defense Attorney to Fight for Your Rights
Criminal Defense Attorney Brian Gabriel has over 30 years of experience fighting for the rights of his clients in West Palm Beach and throughout the state of Florida. When you work with The Law Office of Gabriel & Gabriel, Mr. Gabriel will use the knowledge and skill developed over the span of his career to choose trustworthy witnesses, craft hard-hitting cross-examination questions, and build a rock-solid defense for your DUI case. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel at (561) 475-5952. You can also complete an online contact form to learn more.