Opening Statements

After the jury is selected in a drunk driving trial, both the defense and the prosecution give opening statements to the jury. Opening statements are critically important to the success of a DUI / DWI defense. A skilled criminal defense attorney from The Kavinoky Law Firm will use this opportunity to allow the jury to get to know the attorney and his or her client and introduce some important defense concepts.

Because the prosecutor has the burden of proving the case, he or she is allowed to deliver the first opening statement. After the prosecutor speaks, the defense lawyer has the option of giving his or her opening statement or waiting until after the prosecution has finished presenting its case. A DUI / DWI defense lawyer often opts to give an opening statement after the prosecutor, because it reminds jurors to keep both sides in mind during the prosecutor's case.

A good criminal defense lawyer often opts to give the jury something to keep in mind while the prosecution presents its case, but he or she cannot make any statements that can't be delivered upon later. Therefore, it isn't uncommon for a defense attorney to deliver a fairly generic opening statement. Often the defense lawyer will merely ask jurors to keep an open mind until they have heard all of the evidence and begin their deliberations. The defense attorney should also remind jurors that the prosecutor has the burden of proving every element of a driving under the influence case beyond a reasonable doubt in order to obtain a conviction.

It's critical to remind jurors about these issues, because they may hold an initial belief that a driver with a chemical test that showed a blood alcohol content (BAC) of .08 percent or greater must be guilty of DUI / DWI. However, this is far from true. If the defense attorney can persuade jurors to keep an open mind and listen to every item of evidence before making a decision about the driver's guilt, a small battle is already won.

A skilled California DUI defense lawyer will also remind jurors that the defense does not have to prove anything. The defense lawyer could rest the case without presenting any evidence at all of the defendant's innocence, and if the prosecutor hasn't proved every element of the driving while intoxicated case beyond a reasonable doubt, the jury must deliver a not guilty verdict.

Because it's one of a defense attorney's first opportunities to connect with jurors, opening arguments can be an important part of defending an accused drunk driver in court. The knowledgeable defense lawyers at The Kavinoky Law Firm have the experience needed to deliver an opening argument that will lay the foundation to a successful DUI / DWI defense.