A case theme is a simple, easy-to-remember idea that explains to the jurors in your Orange County DUI case why you should be found not guilty. It usually revolves around some defect in the prosecutor’s case—you have a physical problem that interfered with your ability to perform field sobriety tests, for example, or there were mistakes made during the administration of a breath test.

If your Orange County DUI lawyer establishes a case theme early in your DUI trial and revisits it throughout cross-examination, direct questioning, and closing argument, it can be one of the most effective tools he has. Too often, however, DUI lawyers don’t develop a case theme, instead attacking any and every argument the prosecutor presents, rigorously questioning every witness, and challenging every piece of evidence.

This scattershot approach is rarely effective. Jurors will easily pick up on the fact that your lawyer is grasping at straws and will assume that it is because there is no real evidence supporting your case. Of course, you are not required to present any defense whatsoever; the burden of proof is entirely on the prosecution. It rarely works this way in practice, though. Jurors are unlikely to find that you are not guilty of driving under the influence unless your Orange County DUI lawyer actively works to convince them of your innocence.

It is important to stress that for a case theme to be effective, it should be presented as early as possible. Raising the subject for the first time in closing argument won’t work because the jurors will have already made up their minds about your guilt. The prosecutor will go first in making his opening statement, calling his witnesses, and making his closing statement, so your attorney needs to counter forcefully at the very beginning with his case theme and not let up. Letting the prosecutor hammer away at his view of the events surrounding your arrest and waiting until the very end to explain what really happened is not an effective trial strategy.

If you have been arrested for drunk driving, you are facing serious penalties for a conviction, including fines, a suspended license, or even jail time. You need an experienced Orange County DUI lawyer who will present the most effective defense possible. Call Tom Wallin at (888) 444-7210 to schedule a free consultation.