Once the jury is selected in a Florida DUI / DWI trial, the defense attorney and the prosecutor make opening statements to the jury. Opening statements are critical to a strong defense, because it gives the experienced drunk driving criminal defense attorney a chance to introduce the client to the jury and establish common bonds.

The prosecutor is allowed to give the first opening statement because he or she has the burden of proving the case. The defense attorney is then given a choice between giving his or her opening statement at that time or waiting until after the prosecution case has been concluded. Most defense lawyers opt to give an opening statement directly after the prosecutor’s, because it reminds jurors to keep both sides in mind as the prosecutor presents his or her case. 

An experienced defense lawyer knows the importance of not making an opening statement that cannot be delivered upon later. Therefore, skilled defense attorneys know that they should make a brief opening statement without many specifics. Most defense lawyers use this opportunity to ask jurors to keep an open mind until they have considered all of the evidence and begun deliberations. It’s also an excellent chance to remind the jury that the prosecutor, not the defense, has the burden of proving its case.

It’s imperative for a DUI / DWI defense attorneys to remind the jury of these issues, because jurors may believe that if the driver’s chemical test indicated a blood alcohol content (BAC) of .08 percent or more, he or she must be guilty.  But if the defense lawyer can convince jurors to keep an open mind and listen to the evidence before making a decision, the battle is already halfway won. 

It’s equally critical for the drunk driving defense lawyer to point out to the jury that the defense doesn’t have to prove anything in order for the driver to be acquitted. In theory, the defense attorney could decline to call a single witness and introduce no evidence of the defendant’s innocence, and if the prosecutor has not proven every single element of the driving under the influence offense beyond a reasonable doubt, the jury must deliver a not guilty verdict.