DUI/DWI Trial

After all of the criminal court case proceedings in your DUI case, the trial comes last. This is when the government or prosecution hopes to receive a “guilty” verdict of the defendant. The prosecution will argue the facts against the defendant in order to achieve this verdict. However, the trial is also the chance for the defendant to refute the evidence of the prosecution in the hopes of getting a “not guilty” verdict. Upon hearing all of the arguments from the defense and the prosecution, the jury will decide on a “guilty” or “not guilty” verdict. If it’s a hung or split jury, many times another trial will be set. But instead of the hassle of going through another trial, the defense and the prosecution may come to a plea bargain agreement.

During jury selection, both the prosecution and the defense are trying to exclude any jurors which may have a bias against their arguments. For example, the prosecution may not want a juror whose mother has been convicted of a DUI/DWI as he or she may prove to be more lenient to all DUI/DWI suspects. They may dismiss jurors based on answers to certain questions and do not have to give a reason for dismissal.

At the beginning of the trial, the prosecution will make an opening statement which introduces the facts surrounding the case and what they are seeking to prove. The defense will then give the jury their facts of the case and refute the prosecution’s evidence against them.

Witness testimony and cross-examination is the chance for the prosecution to get into the details of the case by introducing evidence. The prosecution may call the police officer to the stand and ask them questions that will support their case. The defense has a chance to cross-examine the prosecution’s witness in an attempt to discredit any claims. The defense may also call witnesses to the stand. When it’s time for closing arguments, both sides recap their arguments for the jury.

Jury instruction is the chance for the judge to explain the legal standards for the jury while they are deliberating. The jury will review the case together and give their verdict.