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If I take the stand in my DUI case, can I respond to every Question from the prosecutor with the same answer?

Lead, SD |

Can I use the response, "I was neither intoxicated nor impaired on Sunday, Nov. 10, 2013 at 2:24 AM." Can I say that for every question? I don't see why not? Truth is blood test was .06, passed 2 FST on video, and displayed NO signs of impairment at all in jail booking room video either. Test was done 1 hour after arrest.

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Attorney answers 3


If what you're saying is accurate, you should hire an attorney. You may be able to avoid trial all together. If not, the short answer is "yes" you can theoretically give the same answer over and over, but you'll look combative and the judge may hold you in contempt. Again, it is strongly suggested that you hire a criminal defense attorney in your area. A DUI conviction haunts you for years to come.

This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an attorney if you need further assistance.


Attorney Hoffman is 100% correct. You should not adopt any strategy that may even appear to be you thinking you are smarter than the prosecutor and/or court where you are charged. If you have a valid defense, retain experienced counsel to formulate that defense in a way that the court will understand and in a way that will prove persuasive to a judge or jury. DUI/DWI law is complex. I advise against economizing by not investing the time and money needed to protect you rights and future.


If you elect to testify and waive your fundamental right to remain silent, you will be compelled to answer any relevant and material questions put to you by the prosecutor. It sounds like you have a very defensible case; I would strongly suggest you retain a lawyer to conduct the trial, so you don't sink your own ship.

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