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Taking a DUI to Trial in California

By Autumn Lockwood

Republish: EasyPublish™
Published: 10Sep2011
Word count: 2101
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DUI or driving under the influence is a felony charge that carries harsh penalties up to and including incarceration. Your DUI lawyer can help you to navigate the legal process and if necessary, take your case to trial to prove your innocence. Not all cases of DUI end up going to trial. It is more often than not the case that the district attorney's office and your DUI attorney will reach some sort of settlement. When this is not possible, the case will go to trial where a jury of your peers will examine the evidence against you and make a decision as to your guilt or innocence.

DUI Jury Trial

In California, a jury of twelve jurors and as many as two alternate jurors are chosen to hear criminal cases like DUI cases. The prosecution and the defense will have the opportunity to evaluate each juror so that a panel of unbiased and fair jurors is selected. After the jury has been seated, a DUI jury trial typically goes as follows:

• Opening statements are given. Both the prosecution and defense will present an opening statement to the jury, outlining the case and what each side intends to prove during the trial process. Because the burden to prove guilt lies with the prosecution, they present their statement first. The defense will follow with their opening before proceeding. It is during the opening statement phase of the trial that your DUI lawyer will begin the persuasive process that will help the jury to keep an open mind. Your lawyer will likely remind the jury that the prosecution is tasked with proving guilt. In fact, the defense may not need to call any witnesses to testify or introduce any evidence into record if they choose not to. In essence, the prosecution must prove beyond a reasonable doubt that you were intoxicated in order for the jury to render a guilty verdict.

• The Testimony. After opening statements have been given, testimony will begin. Both sides can call witnesses to testify about facts that are relevant to the case. Typically, the testimony of the arresting officer is the cornerstone of the prosecution's case. It is the cross examination of the arresting officer by your DUI lawyer that can often make-or-break your chances of being acquitted of the offense. Your lawyer will attempt to discredit the information that the officer provides by questioning the results of any chemical tests or field sobriety tests that were used to determine your impairment. Did the officer have reason to pull you over? What was the basis of your arrest? These are questions that can "poke holes" in the prosecution's best witness, the arresting officer. Your DUI attorney may also question the lab personnel that analyzed your blood for BAC testing or call independent experts as witnesses to refute the prosecution's claims. As the defendant, you may or may not be asked to testify; this is up to you and your lawyer.

• Closing arguments. Your DUI lawyer and the prosecution will present their final arguments, which is basically a summation of the facts. Your DUI lawyer will make a point to put reasonable doubt into the minds of the jury when possible. After closing arguments, the jury will deliberate on the case and return a verdict before the judge in the case imposes sentence.

As you can see, a Dui jury trial is a complicated undertaking. Contact your DUI lawyer right away following your arrest to plan your defense.

If you need a great Sacramento DUI lawyer then check out the Law Offices of Brianne Doyle and call her at 916-806-6400. She's a top notch Sacramento DUI lawyer and can help you get through your DUI arrest.

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