The DUI Attorney As the Eternal Underdog
Think about what it’s like to be charged with a crime. The state assumes it has enough evidence to convict you beyond a reasonable doubt. You are forced to participate in a process that, although not explicitly making you prove your innocence, in many ways does exactly that. And the DUI arena is even more heavy handed.
To begin with, you are charged with a crime that carries a particularly high social stigma. Ever day in cities across the country advertisements, in print, in radio, in television, are expounding about the dangers of driving under the influence, about the high penalties associated with DUI, and characterizing DUI offenders as animals. When you walk into court charged with DUI, you are fighting this stigma from day one.
Second, most people, though they hate to admit it, often assume that the prosecutor wouldn’t have charged you with a crime unless they believed that you’d committed it. While at trial they must still prove their case, with a jury that is predisposed to convict, it is much easier to do.
Additionally, there is the breath test that you must fight. In many jurisdictions, you aren’t even presumed innocent if charged with DUI. The jury will be instructed that if they find that you took a breath test and blew over.08 that you are per se DUI, that the prosecution has met it’s burden of proving DUI, and that they should find you guilty of DUI.
It’s not the best circumstance for the DUI attorney to enter into. But that’s exactly why we do it. We are the only line of defense between overzealous prosecutors charging everyone who even has one drink and drives with DUI. We know we are always fighting an uphill battle, but we also know it is a battle that must be fought. If you are charged with DUI, you will soon learn of the difficult battle you will be facing. But you should take solace in knowing that you will have someone in your corner fighting for you.