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In a drunk driving criminal trial, after a jury is selected, opening statements are made by both the defense and prosecution. Opening statements provide a great opportunity for a Virginia drunk driving criminal defense lawyerto meet jurors and introduce themselves and the client. The foundation of every successful DUI / DWI defense is an effective opening statement.

The prosecutor makes the first opening statement because he or she has the burden of proving the case. At this time, the prosecutor may choose to outline the elements the case, which can be difficult for the defendant to hear. However, soon after the DUI / DWI lawyer will start the process of dismantling the prosecutor’s case.

Once the prosecutor has finished, the defense attorney is given the opportunity to make an opening statement. Often the only thing the defense attorney will talk about at this time is to ask jurors to keep an open mind until they have heard all of the evidence. The attorney also will usually remind jurors the burden of proof lies with the prosecution. This type of noncommittal opening is not an uncommon start to a strong defensive strategy because any statements made must later be backed up with concrete evidence.

Convincing the jurors to maintain an open mind is a critical part of a defense attorney’s opening statement. Sometimes jurors erroneously believe that if a driver’s chemical test showed a blood alcohol content (BAC) of .08 percent or greater, the driver must be guilty. This is not necessarily true. A qualified DUI lawyer can show how the defendant may not be guilty, even with incriminating evidence. So if the jurors can be convinced to keep an open mind before judging the defendant, a small victory is already won.

Once the opening statement has been made, the defense attorney will aggressively begin to dismantle the prosecution’s case through the extensive cross-examination of prosecution witnesses as well as the introduction of testimony by independent experts who will contradict the state’s evidence. This type of rebuttal is most effective when the defense attorney has already convinced jurors to consider alternate theories of the case by questioning the evidence presented by the prosecution. A superb criminal defense attorney always paves the way for the work that will follow.

During opening statements, a skilled DUI / DWI defense lawyer also will remind jurors that the defense has nothing to prove. If the prosecutor has not proved every element of the DUI case beyond a reasonable doubt, then it doesn’t matter if the defense attorney neglects to call a single witness or introduce any evidence. When doubt exists, the jury must find the defendant not guilty.

Unfortunately, because prosecutors usually painstakingly assemble their cases as they prepare for trial, it’s rarely so easy for even an experienced Virginia DUI / DWI criminal defense lawyer to help a DUI defendant go free. From the beginning of the trial to the end, holes must be punched in the prosecution’s case. But with the right lawyer, a defendant can emerge victorious in a drunk driving case.