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  • Halloween Weekend DUI Checkpoints
    Happy Halloween! If you plan on going out and drinking this weekend, please be aware of all the upcoming DUI Sobriety Checkpoints all throughout California. Whi ...
 

 

Prosecutor’s Closing Arguments in a California DUI

During a California driving under the influence (DUI) trial after both sides have presented their case, the prosecution and the California DUI defense attorney are given the opportunity to make closing arguments.  Closing arguments in  CA drunk-driving cases provide each side with the opportunity to summarize their positions as to whether or not they feel a California DUI defendant is guilty or not guilty.  Because the prosecution has the burden of proof establishing the DUI defendant’s guilt, the prosecution will typically go first.  In addition, the prosecution is allowed to rebut statements made by the defense during its closing argument.


In order for a jury to convict a DUI defendant, the prosecution must prove every fact of the California drunk-driving case “beyond a reasonable doubt.”  Experienced prosecutors will often try to minimize this burden by making it seem as though the defense has the burden of proving the defendant’s innocence.  Even though jurors are instructed that the prosecution must prove its case instead of the defense, oftentimes jurors will forget this fact when the prosecutor is presenting closing arguments.  It is up to the savvy California DUI defense lawyert o remind the jurors that this is not so during his or her closing arguments.

Defense Closing Arguments

After the prosecution has presented its closing arguments, the California DUI defense lawyer is allowed to present closing arguments.  The skilled  California DUI attorney will often first summarize that the prosecution failed to prove each and every fact of the case “beyond a reasonable doubt.”  Experienced California DUI attorneys will attempt to poke holes in the prosecution’s case by reviewing alternative explanations that were previously testified to by its expert witnesses.

A well-crafted and successful closing argument for the defense will touch on the key jury instructions that apply, such as the fact that not all elements of the case were proven “beyond a reasonable doubt” by the prosecution.  Furthermore, the skilled California DUI attorney will address any questions that the prosecution may have posed to the jury during its closing arguments.  A good closing argument will address all facts of the law and reiterate that any circumstantial evidence is just that, circumstantial, and that when there are two possible views of evidence, the jury must adopt the one that points to innocence.  In conclusion, experienced  California Drunk Driving Defense lawyers will remind the jury of the oath they took to follow the law and any instructions that the judge gave them, including the fact that every element of the case must have been proven “beyond all reasonable doubt.” 

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