Taking a DUI to Trial in California

Driving intoxicated, also called DUI, is a felony charge which has harsh penalties that could include incarceration. Whenever you enlist the assistance of a DUI lawyer, he can help you to take all the legal steps that you need to and may also get the case to trial so that you can prove your innocence. Not all cases of DUI wind up going to trial. It is more often than not the situation that the district attorney's office and your DUI attorney will reach some type of settlement. If this isn't possible, then there will be a trial with a jury of your peers who will examine all the evidence and decide if you're guilty or innocent.

DUI Jury Trial

In the state of California, each time a criminal case like a DUI case is tried, there is a jury of twelve people and up to two alternate jurors. A panel of fair and unbiased jurors is chosen with the evaluation of the defense as well as the prosecution. Right after the seating of the jury, the DUI trial will in most cases go in this way:

• The opening statements are introduced. The defense and also the prosecution will each present to the jury an opening statement which outlines the case and will let the jury know what they mean to prove while in the trial. The prosecution will give their statement first as the burden of proof lies with them. The defense will follow with their opening before proceeding. It will be during the opening statement phase of the trial that the DUI lawyer will start the persuasive procedure that helps 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 might not need to call any witnesses to testify or introduce any evidence into record should they choose not to. Basically, it's the job of the prosecution to prove to the jury, beyond a reasonable doubt, that you were intoxicated to enable them to make a guilty verdict.

• The Testimony. After opening statements are already given, testimony begins. Each side can call witnesses to testify about facts that are relevant to your case. Typically, the testimony of the arresting officer will be 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 endeavor to discredit the information that the officer provides by questioning the outcomes of your chemical tests or field sobriety tests which were utilized to determine your impairment. Did the police officer pull you over for a reason? What was the basis of your arrest? These are some of the sorts of questions that the defense makes use of to poke holes in the best witness that the prosecution has, the arresting officer. Your DUI attorney may question the laboratory personnel that did the analyzing of the blood for the BAC testing, and could also call in independent experts which will refute the claims of the prosecution. As the defendant, you might or might not be asked to testify; this is for you to decide as well as your lawyer.

• The closing arguments. The facts will be summed up with the prosecution and your DUI lawyer during the final arguments. Your DUI lawyer is going to make a point to place reasonable doubt into the minds of the jury when possible. As soon as the closing arguments are finished the jury will deliberate and the verdict will be returned, and then the judge will impose sentence.

As you can see, a Dui jury trial can be a complicated undertaking. Be sure to get in touch with your DUI lawyer as soon as you can after your arrest so that your defense can be planned.

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