Updated on February 3rd, 2021 at 10:49 pm

Using a Theme to Help the Jury Rule in Your Favor

At your DUI trial, an experienced Milwaukee DUI attorney will question witnesses using the same key phrases that he or she used in jury selection and in the opening statement. This is done in order to tie the facts of your case to the theme. If your attorney constantly brings up the same phrases, the integral elements of your theme will become ingrained in the jurors’ heads. This could lead to a decision that is favorable to you.

For example, if your attorney is using the “broken machine” theme, he will constantly remind the jury of your theme throughout the trial by using words such as:

  • Defective,
  • Mistake,
  • Problem,
  • Error,
  • Glitch,
  • Failing, and
  • Broken.

During the closing argument, your attorney will tie your case theme to the evidence presented at trial to the jurors’ life experiences. This will give jurors a map what may convince them to rule in your favor. A skilled Milwaukee DUI attorney can help the jurors decide your DUI case in your favor by doing the following:

  • Using straightforward words to underscore your theme;
  • Applying logic and emotion to tie together your theme with the relevant legal issues;
  • Interlacing your theme with helpful explanations of the jury instructions; and
  • Utilizing charts, photographs, PowerPoint presentations, and other exhibits to show the jurors how the evidence supports your theme.

For example, a DUI attorney who employs a “broken machine” theme might begin a closing argument as follows: “Ladies and gentlemen of the jury: the evidence has shown that this Breathalyzer is a machine that, like all other machines, can fail. What cannot fail is our judicial system, but that is precisely what would happen if you were to believe beyond a reasonable doubt this broken machine’s untrustworthy result.”

If you’ve been arrested for DUI, contact one of the dedicated Milwaukee DUI attorneys from the law firm of Vanden Heuvel & Dineen for the best advice about your particular case. The initial consultation is free of charge.