DUI Trials: Protecting the Record for Appeal

Why your DUI lawyer must master the rules of evidence and the facts of your DWI case

Besides advocating for you, examining your witnesses and cross examining the state’s witnesses against you, your DUI lawyer will subtly engage in perhaps one of the trickiest aspects of trial law — protecting the record for appeal.

If DUI evidence is admitted against you and not objected to, you will not be allowed to complain about it later in an appeal in the event you are convicted.

DUI Prosecutors Don’t Always Fight Fair

When the prosecutor seeks to introduce evidence against you in trial that shouldn’t legally be heard by the jury, your DUI lawyer must object immediately. Sometimes, if the reason for the objection is clear to the judge, your DUI attorney need not give a reason. In other cases however, it may be necessary for your lawyer to explain and argue to the judge why the evidence should not be used.

Over-objecting in DUI trials can hurt too

Do not expect your lawyer to object to all evidence. Most evidence in a criminal trial (DUI included) is presented by legitimate means. Lawyers who object to every little thing lose credibility with the court, and risk alienating the jury. Objecting to evidence that is obviously proper also makes the defense look desperate to keep evidence out.

For this reason, it is important that your DUI lawyer have a strong command of the facts of your case and the rules of evidence. Good trial lawyers can anticipate objectionable evidence long before the DUI prosecutor ever seeks to admit it, and neutralize it before a jury ever knows the difference.