San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
  • Selecting a Jury
  • Opening Statements
  • Arresting Officer
  • Prosecution Expert
  • Defense Experts
  • Defendant's Testimony
  • Closing Argument
  • Jury Instructions
  • Jury Deliberations
  • Jury Verdict
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Opening Statements in a Drunk Driving Trial

After a jury is selected in a California DUI criminal trial, both the defense attorney and the prosecutor are permitted to make opening statements to the jury. Opening statements are an important stage in a criminal trial. These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some DUI cases the defense lawyer in San Francisco reserves opening argument until the beginning of the defense case.

Because the prosecutor has the burden of proving each element of the offense in a California DUI case, he or she is allowed to give the first opening statement. Once the prosecutor has given a statement, the defense attorney is given the choice of giving his or her opening statement or waiting until after the prosecutor has concluded the case. Typically, criminal defense lawyers give opening statements after the prosecutor, because it allows the jury to keep both sides in mind as the prosecutor presents his or her case.

Experienced criminal defense lawyers do not make statements that cannot be delivered upon later. Thus, it isn't uncommon for a DUI defense attorney to make a noncommittal opening statement. Usually defense lawyer merely ask jurors to keep an open mind until they have heard all of the evidence in a criminal trial and begin their deliberations, and remind them that the prosecutor, not the defense, has the burden of proving every element of the DUI case beyond a reasonable doubt.

It is important to remind the jury about these issues. Jurors in a criminal DUI trial may initially believe that if the motorist's chemical test results showed a blood alcohol content (BAC) of .08 percent or more, the driver must be guilty. However, if the defense attorney can persuade jurors to keep an open mind and listen to the evidence before making a determination of the defendant's guilt or innocence, the battle is already halfway won.

Also, what is important for a DUI defense lawyer is to tell the jury that the defense is not required to prove anything. The defense attorney could call no witnesses and introduce no evidence of the defendant's innocence, and if the prosecutor had not proved every element of the DUI case beyond a reasonable doubt, the jury must render a not guilty verdict.

Once again, in a criminal DUI trial, the burden of proof rests with the prosecution, which must prove beyond a reasonable doubt that the defendant is guilty. The defendant does not need to prove his or her innocence - the burden is on the prosecutor in the case.

The Law Office of Robert Tayac is recognized as being among the top criminal DUI defense firms in the California. Attorneys for the firm represent clients accused of driving under the influence of alcohol or driving with a blood alcohol level at or above the legal limit in San Francisco, San Mateo, Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties.

Lawyers at the Law Office of Robert Tayac represent clients in California DMV license suspension actions stemming from a California DUI arrests before the Department of Motor Vehicles’ Driver Safety Offices in San Francisco, Oakland and San Jose. The firm accepts no other type of case and does not represent clients in any court or tribunal outside of the State of California.

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