Prosecutor’s Closing Argument

Closing arguments in a Florida DUI / DWI trial take place after both sides have presented their cases. Closing arguments allow both the prosecutor and defense attorney an opportunity to make a final appeal to jurors. A skilled drunk driving criminal defense attorney uses his or her closing argument to convince the jury that the prosecutor hasn’t proven the defendant’s guilt beyond a reasonable doubt. The prosecutor reviews his or her case during closing arguments.

Because the prosecutor has the burden of proving the defendant's guilt, he or she is allowed to go first. After the defense attorney delivers his or her closing argument, the prosecutor makes another brief statement known as a rebuttal.  

Prosecutors often try to minimize their burden of proving every element of a drunk driving case beyond a reasonable doubt.  It’s up to the defense attorney to remind jurors who has the responsibility of proof in a criminal trial.

Prosecutors review all of the evidence during closing arguments. They may show the jury a booking photo of the defendant taken after arrest and describe the physical signs of intoxication.  The prosecutor also will briefly review the testimony of each witness. Finally, the prosecutor will ask the jury to return a verdict of guilty. 

Once the prosecutor completes his or her summary, the defendant’s attorney gives his or her own closing argument. An experienced Florida DUI / DWI criminal defense attorney will deliver a powerful closing argument that will eclipse any points made by the prosecutor.

The strength of the prosecutor’s case will determine the effectiveness of his or her closing argument. When a defense attorney skillfully rebuts the prosecutor’s evidence, jurors will reminded of this during closing arguments and deliberations.

Defense Closing Argument

Once the defense attorney and prosecutor have each presented their case in a Florida DUI / DWI trial, both sides give closing arguments. For an experienced drunk driving criminal defense attorney, this is a prime opportunity to demonstrate that the prosecutor has not proven each element of the case beyond a reasonable doubt.

The prosecutor has the advantage of arguing both first and last because he or she has the burden of proving the case. After the prosecutor has finished delivering closing statements, the defense attorney will give a closing argument, and then the prosecutor is allowed to rebut. This may seem like a daunting obstacle, but a skillfully crafted defense closing argument will address any questions the prosecutor poses to the jury.

A compelling closing argument from the defense attorney reminds jurors of their duty to vote not guilty if the prosecutor has not proven every element of the case beyond a reasonable doubt. Clever prosecutors often lead jurors to believe that the defense has the burden of proving that the driver is innocent, but that’s categorically untrue. Although jury instructions specifically address this issue, jurors sometimes forget this critical point in the presence of a skillful prosecutor.

An experienced defense attorney also will stress that in cases involving circumstantial evidence where there are two reasonable points of view, jurors must accept the argument that points to innocence. A skilled DUI / DWI defense attorney will apply this principle to every possible aspect of the prosecution’s case. For example, if the arresting officer testified that the defendant performed poorly on a field sobriety test because he or she was intoxicated, and the defense produced compelling evidence that the physical impairment came from an injury, the jury must accept the explanation that points to the driver’s innocence.

Closing arguments represent an opportunity for a defense attorney to highlight holes in the prosecutor’s case and emphasize alternative explanations presented by the defense. The defense attorney will recap the testimony of the defense expert, the defendant, or any alibi witnesses.  Finally, the defense attorney will urge the jury to remember the oath they took to follow the law, and the jury instructions they receive from the judge.