DUI Arrest – Understanding Your Prosecutor

A DUI arrest leads to a criminal case. This means you face the possibility of doing time in jail, probation, fines and administrative penalties like the loss of your license. The person who will be in charge of representing the government against you is the prosecutor.

A DUI is often the first real experience many people have with the criminal justice system. It is not a fun experience. Most defendants come into the system thinking justice is the goal of the court system. It is, but the means for getting to a “just result” is something very surprising to the average person.

In the sterile world of law school, the prosecutor is supposed to go for a just result. They are supposed to review the case objectively in relation to whether a crime has been committed and in regard to whether a charge should be levied. They are also supposed to be open minded towards dropping the case at any time evidence comes forth that points to the innocence of the defendant. Prosecutors in the real world rarely act this way.

The first thing most defendants in a DUI case say is they can’t believe how vicious the prosecutor in their case is. Instead of going for a just result, the prosecutor seems to be taking things personally and going after the defendant like a tiger. This is because the prosecutor’s reputation is based on getting convictions. If they want to move up in the chain of command, they have to produce results. If they want to run for political office, they need to be “strong on crime.” This means you are not a person to them. You are a mark to be made on their belt of convictions.

Does the defendant have anyone in their corner? Yes. They usually have their family, but their not much good in court. The only other person on their side is their defense attorney. If the prosecutor is coming at you like Attila the Hun, you want an attorney who is going to be returning just as much fire and perhaps even more. Ideally, your defense attorney should treat the case like they are the one on trial.

So, how does any of this end up in justice being done? Well, the general theory is if both sides battle like mad dogs, a just result will ultimately be reached. It sounds like a nice theory, but we all know what happens when people with lots of money go on trial. They can hire great defense attorneys who can often win the case. If you are arrested for a DUI, you need to be taking the same approach. If you’ve been spending for a rain day, you should consider this to be it.

Understand your prosecutor is fairly simple. They want to convict you for a DUI and any other charges that can strap on to your case. Spend the money to get a great DUI defense attorney. You need to fight fire with fire!