As a DUI lawyer in Georgia with over 25 years of experience, I’ve seen how challenging it can be to defend clients against DUI charges in a state with some of the strictest laws in the country. A DUI conviction under O.C.G.A. § 40-6-391 can lead to harsh penalties, including jail time, fines, and license suspension—even for first-time offenders. Winning a jury trial in these cases requires more
Understanding the Rule-Out Method
David Ball’s David Ball on Criminal Defense is a game-changer for defense attorneys, offering a framework called the Rule-Out Method to reduce convictions by over 80%. Based on 20 years of research—including juror interviews, focus groups, and a National Science Foundation-funded study with Duke University—the method teaches attorneys to reframe the trial as a test of the prosecution’s evidence, not the defendant’s innocence. In a Georgia DUI case, where prosecutors often rely on potentially flawed evidence like breathalyzer results (e.g., the Intoxilyzer 9000), this approach is invaluable. Here’s how I use Ball’s five principal techniques to fight for my clients.
1. Aggressively Testing the State’s Case
Principle from David Ball on Criminal Defense: Encourage jurors to rigorously evaluate the prosecution’s evidence, focusing on any questionable fact they must prove.
Application in a DUI Trial: In Georgia, the prosecution often hinges its case on BAC results, field sobriety tests, and officer testimony—all of which can be challenged. I use the Rule-Out Method to highlight flaws in the state’s evidence, making jurors question its reliability. For example, I might present expert testimony showing how the Intoxilyzer 9000 can give false positives due to medical conditions like GERD, variations in breath to blood partition ratio or improper calibration. In my opening statement, I say, “The state must prove every fact beyond a reasonable doubt—let’s test their evidence together.” By framing the trial as a test of the prosecution’s case, I shift the burden back where it belongs, encouraging jurors to find doubt in the state’s claims.
2. Avoiding Hidden Blunders
Principle from David Ball on Criminal Defense: Identify and avoid common defense mistakes that lead to convictions, such as inadvertently shifting the burden of proof to the defense.
Application in a DUI Trial: A common mistake in DUI trials is trying to prove my client’s innocence outright, which can make jurors expect more from the defense than the law requires. Every criminal defendant is presumed innocent. You don’t have to prove innocence that is a given, rather the state must conclusively overcome all doubts. Ball warns against this “burden shifting.” Instead, I focus solely on proving doubts. For instance, I avoid over-explaining my client’s behavior and instead challenge the officer’s administration of field sobriety tests, asking, “If the officer didn’t follow proper protocol, how can we trust the results?” In Georgia, where jurors might assume guilt based on a DUI arrest, I keep the focus on the prosecution’s failures and inadequate investigations, not my client’s actions, ensuring jurors don’t expect me to prove innocence.
3. Turning Legal Principles into Playable Rules
Principle from David Ball on Criminal Defense: Make legal concepts like reasonable doubt and presumption of innocence intuitive and actionable for jurors.
Application in a DUI Trial: Jurors in Georgia often misunderstand reasonable doubt, thinking it requires overwhelming evidence of innocence. I use Ball’s advice to simplify these principles into “playable rules.” During voir dire, I might ask, “Do you agree that if you have any doubt about the evidence—like a breathalyzer that might be wrong—you must find the defendant not guilty?” In my closing argument, I reinforce this: “The rule is simple: if you’re not 100% sure the state’s evidence is reliable, the law says you must vote not guilty.” By making reasonable doubt a clear, actionable rule, I empower jurors to apply it confidently, especially in cases where evidence like BAC tests can be questioned.
4. Neutralizing Racism and Bias
Principle from David Ball on Criminal Defense: Address implicit biases that might influence verdicts, ensuring a fairer trial process.
Application in a DUI Trial: In Georgia, jurors may bring biases into the courtroom—stereotypes about DUI defendants as reckless or assumptions based on race or socioeconomic status. Ball’s method involves confronting these biases head-on. During voir dire, I ask questions like, “Have you ever judged someone based on a first impression, only to learn you were wrong?” or “Do you think everyone, regardless of background, deserves a fair trial?” This helps identify jurors with strong biases, whom I can strike, while also priming the remaining jurors to focus on fairness. In a state with diverse communities like Atlanta, neutralizing bias ensures my client—whether a first-time offender or someone facing a repeat charge—gets a fair hearing.
5. Driving Jurors to Acquit
Principle from David Ball on Criminal Defense: Use persuasive tactics to lead jurors to want to acquit based on doubt, even if minimal.
Application in a DUI Trial: Ball emphasizes making jurors feel good about acquitting by tying doubt to justice. In a Georgia DUI trial, I highlight the consequences of a wrongful conviction—like jail time, job loss, or family hardship—while focusing on the prosecution’s weak evidence. In my closing argument, I might say, “You have the power to protect an innocent person from an unfair system. If you have any doubt about that breathalyzer, voting not guilty is the right thing to do.” By framing acquittal as a just and empowering act, I align with jurors’ desire to uphold fairness, especially in Georgia, where community values run deep.
Putting It All Together in a Georgia DUI Trial
Here’s how I integrate Ball’s Rule-Out Method into a Georgia DUI trial:
- Voir Dire: I ask questions to uncover biases and prime jurors to focus on reasonable doubt, ensuring I select a jury open to questioning the state’s case.
- Opening Statement: I introduce the “test the state’s evidence” framework, setting the stage for jurors to scrutinize the prosecution’s claims.
- Witness Examination: I aggressively challenge the prosecution’s evidence—like an officer’s improper test administration—while avoiding burden-shifting mistakes.
- Closing Argument: I simplify reasonable doubt into a playable rule, neutralize biases with appeals to fairness, and drive jurors to acquit by tying their verdict to justice.
Ethical Considerations
Ball’s method is about advocacy, not manipulation. My goal is to ensure jurors understand their role under the law—to convict only if the state proves its case beyond a reasonable doubt. In Georgia, where DUI prosecutions can be aggressive, this approach keeps the trial fair and focused on the evidence, not assumptions.
Why This Matters in Georgia DUI Cases
Georgia’s DUI laws are tough, with mandatory penalties even for first offenses. Prosecutors often rely on BAC results, field sobriety tests, and officer testimony, which can be flawed (e.g., breathalyzers affected by calibration errors or medical conditions). The Rule-Out Method from David Ball on Criminal Defense allows me to reframe the trial, turning jurors into active testers of the state’s evidence. Whether it’s a first-time DUI in Atlanta or a more complex case in rural Georgia, this strategy helps me fight for a not-guilty verdict by focusing on doubt, not innocence.
The principles from David Ball on Criminal Defense offer a powerful framework for defending clients in Georgia DUI trials. By aggressively testing the state’s case, avoiding common blunders, simplifying legal principles, neutralizing bias, and driving jurors to acquit, I ensure my clients get a fair trial. At George Creal, Attorney at Law, we’re committed to using every strategic advantage to protect your rights. If you’re facing a DUI charge in Georgia, contact us today for a fearless defense that puts the burden back where it belongs—on the prosecution.
Contact George Creal for Expert DUI Defense
George Creal is a seasoned DUI lawyer based in Georgia, dedicated to defending clients against DUI charges with expertise and compassion. Visit www.georgecreal.com or call 404-333-0706 to learn more
Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.