taken together, these concepts mean that in dui cases, the government must independently investigate, obtain and present evidence against defendants.">

DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer

  to fill out a simple form to connect to DUI Lawyers in your area.

If you have a flair for writing, you may also post an article by clicking on Post Article. We will review your article and publish it if we find the contents relevant to this website. The article should be penned by you. It should not have been copied from any other site.

Defense Strategies

Posted on:11/6/2012
In any DUI case, from a defendant's point of view, there are two important concepts - the government is constitutionally required to prove its case against the defendant beyond a reasonable doubt and the defendants have a constitutional right to be free from compelled self-incrimination.


In any DUI case, from a defendant's point of view, there are two important concepts - the government is constitutionally required to prove its case against the defendant beyond a reasonable doubt and the defendants have a constitutional right to be free from compelled self-incrimination.

 

Taken together, these concepts mean that in DUI cases, the government must independently investigate, obtain and present evidence against defendants. DUI defendants are not required to speak or otherwise respond to the government's case against them, and the government shoulders the entire responsibility for proving its case.

 

Notwithstanding these prosecutorial responsibilities and constitutional protections, you may voluntarily choose to present evidence during a DUI trial in response to the government's case. Such evidence might challenge the government's case-in-chief and/or attempt to present an excuse or justification for the defendant's behavior. Evidence challenging the government's case-in-chief will usually seek to demonstrate that the government does not have sufficient evidence to prove one or all of the material elements of the crime beyond a reasonable doubt.

 

In challenging the government's case-in-chief, you can also introduce evidence designed to prove that the government has charged the wrong person. This is known as an "alibi" defense, and the defendant will typically present evidence in the form of witness testimony that establishes that he could not have committed the crime because he was elsewhere at the relevant time of the offense.

 

Finally, you may also counter the government's case-in-chief evidence by vigorously attacking the accuracy and credibility of government witness testimony. By using these strategies, you are essentially challenging the government to meet its constitutional burden and prove its case beyond a reasonable doubt.


  
DUI Lawyers   Show All articles

  to fill out a simple form to connect to DUI Lawyers in your area.

DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | Directory of DUI Attorneys | Success Stories | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.

...