Updated on January 11th, 2024 at 08:20 pm

How Your Milwaukee DUI Lawyer Will Establish a Case Theme

The prosecution in your Wisconsin DUI defense trial will present its case first. The prosecutor will make the first opening statement and the first closing argument, and will be the first to present witnesses and evidence. Some inexperienced attorneys find themselves always trying to counter the prosecutor’s story instead of advancing an effective case theme of their own.

Because the prosecutor goes first, he or she will be able to present a certain story to the jury and establish the tone of the trial before your Milwaukee DUI lawyer even has a chance to make an opening argument. Because most jurors form opinions about the guilt or innocence of a defendant early on in the case, if your lawyer waits until closing argument to present your side of the story, it may be too little too late.

Another mistake DUI defense attorneys sometimes make is taking a scattershot approach towards the prosecutor’s case, attacking all evidence in sight and presenting every conceivable defense theory, hoping that something will stick. These DUI lawyers rigorously cross-examine every witness, even the ones whose testimony doesn’t really matter. In closing arguments, they will present the jury with all of the possible reasons to doubt the evidence against you and hope that something was convincing.

Experienced Milwaukee DUI lawyers know that such an approach is ineffective. It is better to present a coherent theme with a focused attack on one or two weaknesses in the case—tests weren’t conducted according to established protocols, for example. This takes a little more effort on the lawyer’s part and requires a thorough understanding of the facts in your case in particular (as opposed to general shortcomings that are common to most DUI cases), but it gets better results. It also requires you to be totally forthcoming with the strengths and weaknesses of your case.

If you have been charged with DUI in Germantown, Milwaukee, or the surrounding area, it is important to contact a Milwaukee DUI lawyer as soon as possible so that your rights are protected. For a free case evaluation from Vanden Heuvel & Dineen, S.C., please fill out the case evaluation form at the top of this page.