There are multiple phases of a DUI trial.
If you have been charged with a DUI, you may engage in settlement negotiations with the prosecutor assigned to your case, with the assistance of your DUI defense lawyer in San Bernardino, CA. Most California DUI cases settle before trial, either through a plea deal or with the charges being reduced or dismissed. If the prosecution is not willing to offer you a favorable deal, or if you want to defend yourself in court, you are entitled to request a jury trial.
A trial can be overwhelming if you don’t know what to expect. There are several phases in any criminal trial, starting with jury selection. Your attorney and the prosecutor will ask questions of prospective jurors during voir dire. Each side has an opportunity to ask the court to dismiss a potential juror “for cause” or using a peremptory challenge (without stating a reason). A prospective juror may be dismissed “for cause” if they express viewpoints that demonstrate that they cannot be unbiased, or simply due to their personal history. For example, a juror who lost a family member in a drunk driving accident may be dismissed for cause. Ultimately, the defense and prosecution will find 12 jurors for the trial.
After the jury has been selected, each side presents their opening statement, starting with the prosecution. During an opening statement, your DUI defense lawyer in San Bernardino, CA will give the jury a preview of the case. Evidence cannot be introduced during opening statements.
Next, the prosecution will present its case in chief through witness testimony, documents, and other evidence. The defense will then present its case in chief. For each witness, the attorney presenting the witness will have the opportunity to ask questions (known as direct examination), and then the other lawyer can cross examine them. This process continues until there are no further questions.
Once all evidence has been presented, the prosecution will present its closing argument. Your DUI defense lawyer in San Bernardino, CA then has an opportunity to make a closing, with the prosecution offered an opportunity to give a short rebuttal. Finally, the judge will read instructions to the jury on the applicable DUI law and the jury will begin to deliberate. To be convicted of a California DUI, the prosecutor must prove each element of the crime beyond a reasonable doubt.
The jury will then announce its verdict (guilty or not guilty). In some cases, the jury cannot come to an agreement; this is considered a hung jury. This may result in a mistrial (so that the case can be retried with a new jury), a plea bargain, or a dismissal of the charges against you. If you are found guilty of driving under the influence, you will be sentenced by the judge. Penalties for a DUI are based on the seriousness of the offense as well as any past DUI convictions. They may include jail time, probation, mandatory alcohol education classes, a driver’s license suspension, and/or community service.
Going to trial on a DUI charge can be daunting. The Chambers Law Firm will stand by your side throughout the process, using their knowledge and experience to help you achieve the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
