What To Expect During a DUI Trial

Not all criminal cases go to trial, and even fewer cases involve a jury trial. This is especially true for DUI cases. Even if your case is scheduled for trial, that doesn’t mean your case will go before a judge. Most criminal cases are resolved via a plea bargain, sometimes on the morning of trial.

Know what to expect during a trial for driving under the influence (DUI/DWI). This article will explain the trial process step-by-step, giving you a better idea of how to prepare for your DUI case.

Keep in mind that DUI/DWI laws vary significantly by state. If you’re facing DUI charges, contact a criminal defense attorney. A local attorney will know how DUI trials typically work in your area and can help you build the best defense possible.

Learn about the DUI trial process below:

• Why Would a DUI Case Go to Trial?
• What Type of Trial To Expect
• Before Trial: Arrest, Arraignment, and Pretrial Motions
• Choosing a Jury To Decide a DUI Case
• Opening Statements
• Witness Testimony and Cross-Examination
• Closing Arguments
• The Jury Decides the Verdict

Why Would a DUI Case Go to Trial?

Most DUI cases never see the inside of a courtroom. Most defendants resolve their DUI charges with a plea bargain. However, there are times when it makes sense for your case to go to trial. For example, your DUI attorney may think the prosecution’s case is weak and that they can achieve an acquittal at trial.

Some of the other reasons why your attorney may advise you to go to trial include:

• Your defense attorney believes they can challenge the accuracy of blood test or breath test results, or the way law enforcement administered the chemical testing to determine your blood alcohol concentration (BAC)
• Your criminal defense lawyer believes the arresting officer conducted an unlawful traffic stop
• Your attorney plans to argue that law enforcement violated your constitutional rights against an unlawful search and seizure
• You plan to argue that the police officer didn’t have probable cause to arrest you for DWI
• You believe the arresting officer administered the field sobriety test improperly
• You do not agree with the police officer’s impairment assessment
• You refused the breathalyzer test, and there is no proof that you were intoxicated
• The prosecutor refuses to negotiate a plea deal

This last one is the reason why most DUI cases go to trial. If the prosecutor is not willing to entertain a favorable plea bargain, then it makes sense to take your chances at trial.

What Type of Trial To Expect

Most DUI cases involve a bench trial, not a jury trial. This is because many DUI cases involve misdemeanor charges, not felony charges.

However, a DUI/DWI defendant might face felony charges if they have prior convictions for drunk driving. There are also DUI cases where the facts warrant felony charges, such as where the defendant caused a fatal accident.

What Is a Bench Trial?

With a bench trial, there is no jury. The parties argue their cases directly to the judge, who will determine the defendant’s guilt.

Many defendants choose a bench trial because they want to put the case behind them. Bench trials resolve much more quickly than jury trials.

When Is a Jury Trial Better for a DUI?

While efficiency is a valid reason to accept a bench trial, there are several reasons why you may opt for a jury trial instead, such as:

• The judge will strictly apply the state DUI laws, while a jury may vote to acquit based on the defendant’s reasons for driving while under the influence.
• Juries are more likely to reach a verdict for emotional reasons rather than legal ones.
• Juries are less predictable, so there is a greater likelihood that they will believe a defendant’s story.
• Jury members are more likely to relate to a first-time offender.

Regardless of the type of trial you choose, the judge is the one who determines your sentence. The jury will have little to no influence on a defendant’s jail sentence, fines, or other DUI penalties.

Can You Request a Jury Trial in Your DUI Case?

Criminal defendants typically have the right to choose a jury trial in any case where the potential punishment is at least six months in jail. However, a few states do not allow jury trials in DUI cases.

For example, New Jersey law does not allow DUI defendants to request a jury trial because it is classified as a traffic violation rather than a criminal charge. However, that doesn’t mean there aren’t serious penalties at stake. A person can still end up in jail for a DUI in New Jersey.

Other jurisdictions disallow jury trials for DUI cases as well, including Mississippi and North Carolina.

Deciding which type of trial you want is an important decision and can significantly affect the outcome of your case. It’s a good idea to seek legal advice early so you can make an informed decision.

Before Trial: Arrest, Arraignment, and Pretrial Motions

A lot happens before your DUI case goes to trial. The way the police handled your DUI arrest may have a significant impact on the path your criminal case takes.

For example, if the arresting officer fails to read you the Miranda warnings before taking you into custody, your DUI attorney can try to have statements you made to police removed from the evidence against you.

First Court Appearance and Plea

After your arrest, the court will hold an arraignment. At the arraignment, the court will read the criminal charges and ask the defendant how they plead. This is where your criminal defense lawyer informs the court whether you’ll plead guilty or not guilty.

If you plead guilty, there may not be a trial at all. Your defense attorney will meet with the prosecutor and try to negotiate a plea bargain. If this isn’t possible, you’ll attend a sentencing hearing where the judge will announce your sentence.

If you plead not guilty, the court clerk will add your case to the docket and schedule a tentative trial date. Once this happens, your attorney will start to prepare your case and decide if they want to file any pretrial motions.

Motions Before Your DUI Trial

A criminal defense attorney can file a pretrial motion for any number of reasons, including:

• Ask the judge to exclude evidence
• Request a change in venue
• Request a reduction in bail (for defendants who are in jail pending trial)
• Ask the judge to dismiss the charges due to a lack of evidence

The judge will respond to all pretrial motions before the trial starts.

Choosing a Jury To Decide a DUI Case

One of the first steps in a criminal trial is jury selection. During jury selection, the judge and the attorneys question a pool of potential jurors to see if they should serve on the jury. This process is called “voir dire.” They may ask questions about the potential jurors’ jobs, beliefs, and life experiences. They can also ask them about any biases or prejudices they hold.

The prosecutor and the defense attorney both have the chance to challenge jurors they believe would be harmful to their case. Each attorney has a specific number of “challenges” they can use to excuse a particular juror. The number of challenges depends on the jurisdiction.

Once both sides conduct their “voir dire,” the judge will assign the jury.

Opening Statements

Once the parties select a jury, each side will make its opening statement. The state has the burden of proof, so the prosecutor makes their opening statement first. Their opening statement is usually more detailed than the defense attorney’s statement.

In some cases, the defense may wait until the conclusion of the prosecution’s case before making its opening statement.

During the opening statement, the prosecutor and defense lawyer provide the jury with a roadmap of how they will present their case. This usually includes a summary of the facts of the case and the attorney’s theory of what happened. The final part of the opening statement is usually a plea to the jury to find in favor of the state or the defendant.

Witness Testimony and Cross-Examination

At the heart of any criminal trial is the case-in-chief. This is the stage at which each side presents the jury with its key evidence. In its case-in-chief, the government sets forth evidence to convince the jury “beyond a reasonable doubt” that the defendant committed the crime. This is the highest burden of proof in the U.S. legal system.

The Prosecutor Presents DUI Evidence

The prosecutor will call eyewitnesses and experts to testify. The prosecutor will introduce the witness and ask them direct questions. The defense attorney will then have the chance for cross-examination. They can ask the state’s witness questions about the statements they made during their direct testimony.

In addition to calling witness and expert testimony, the prosecutor will introduce the state’s physical evidence, such as photographs, documents, and medical reports.

The Defense Can Respond

After the government concludes its case-in-chief, the defense gets a turn to present the defendant’s case-in-chief. In some cases, the defense chooses not to offer a case-in-chief. Instead, the defense attorney makes their key points through cross-examination and challenges to the government’s evidence. Or they might bring in their own experts to testify, such as an accident reconstruction expert or an independent toxicologist.

Closing Arguments

Once the prosecution and defense have had an opportunity to present their case and challenge the evidence presented by the other, both sides rest. Once this happens, the two sides will make their closing arguments.

Closing arguments offer the government and defense a chance to summarize their case. During closing arguments, the prosecutor and defense attorney recap the evidence supporting their case and make a final plea to the jury to decide the case in their favor. 

The Jury Decides the Verdict

After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is the jury’s instruction. In this process, the judge gives the jury the legal standards to decide whether the defendant is guilty.

The judge also instructs the jury on findings it must make based on these legal standards. The judge also describes critical concepts, such as “guilt beyond a reasonable doubt,” and defines any crimes the jury may consider, based on the evidence presented at trial.

Once the judge gives the jury its instructions, deliberations begin. The jury will go to a conference room to discuss the case and, hopefully, come to a verdict.

In most DUI cases, the jury’s options are simple; the defendant is either guilty or not guilty. There are some cases where the jury must make other determinations, such as levels of guilt. However, this rarely happens with DUI cases.

The jury must unanimously find the defendant guilty or not guilty. If the jury fails to reach a unanimous verdict (known as a “hung jury”), the judge may declare a mistrial. Prosecutors will then decide whether to retry the defendant. In many cases, they do choose to pursue a new trial, especially where there is strong evidence of impaired driving.

Get Help with Your DUI Offense From a Defense Lawyer

Are you facing drunk driving charges after a DUI arrest? Or are you waiting to see if your DUI defense attorney can prove that your BAC was under the legal limit? A DUI conviction, whether it’s for a misdemeanor or felony, carries serious consequences that will impact both your personal and professional lives.

Contact a local DUI attorney for help with your DUI defense today. A DUI lawyer can help you avoid jail time or a lengthy driver’s license suspension. They can also go to trial on your behalf, working hard to achieve an acquittal.