DUI Lawyer | Joel Brand, Esq.

What to Expect at Your DUI Trial

Facing a DUI trial can be a daunting experience. Understanding the process and being well-prepared can significantly impact the outcome. This article will provide a comprehensive overview of what to expect at a DUI trial in California, along with practical tips for defendants to help navigate the legal landscape effectively.

The DUI Trial Process

A DUI trial in California follows a structured process that includes several key stages. Each stage presents opportunities and challenges for the defendant.

1. Arraignment

The arraignment is the first formal court appearance after a DUI arrest. During this hearing, the judge will:

  • Read the Charges: The charges against you will be read aloud.
  • Enter a Plea: You will be asked to enter a plea of guilty, not guilty, or no contest.
  • Set Bail: The judge may set bail or release you on your own recognizance.
  • Schedule Future Dates: The dates for pre-trial motions, hearings, and the trial will be scheduled.

2. Pre-Trial Motions and Hearings

Before the trial, both the defense and prosecution may file pre-trial motions. These motions can address various issues, such as:

  • Suppressing Evidence: Arguing that certain evidence should not be used at trial due to improper police procedures or violations of constitutional rights (California Penal Code § 1538.5).
  • Dismissing Charges: Requesting that the charges be dismissed due to lack of evidence or other legal grounds.

3. Jury Selection (Voir Dire)

If your case goes to trial, the jury selection process, known as “voir dire,” will begin. During this process:

  • Questioning Potential Jurors: Both the defense and prosecution will question potential jurors to assess their impartiality and suitability.
  • Challenges: Each side can challenge and dismiss certain jurors either “for cause” (a specific reason) or through “peremptory challenges” (no reason needed, but limited in number).

4. Opening Statements

Once the jury is selected, both sides will present their opening statements. This is an opportunity to outline the case and set the stage for the evidence and testimony to come.

5. Presentation of Evidence

The presentation of evidence is the core of the trial. It includes:

  • Prosecution’s Case: The prosecution will present evidence first, including police reports, witness testimony, and any physical evidence (e.g., breathalyzer results, video footage).
  • Cross-Examination: The defense can cross-examine the prosecution’s witnesses to challenge their credibility and the validity of the evidence.
  • Defense’s Case: The defense will then present its case, including any exculpatory evidence, expert testimony, and witness statements.

6. Closing Arguments

After both sides have presented their evidence, they will make closing arguments. This is a final opportunity to persuade the jury by summarizing the key points and emphasizing the strengths of their case.

7. Jury Deliberation and Verdict

The jury will deliberate in private to reach a verdict. They must decide whether the prosecution has proven the defendant’s guilt beyond a reasonable doubt. The verdict can be:

  • Guilty: The defendant is convicted of the charges.
  • Not Guilty: The defendant is acquitted of the charges.
  • Hung Jury: The jury cannot reach a unanimous decision, which may result in a retrial.

8. Sentencing

If the verdict is guilty, the judge will schedule a sentencing hearing. The judge will consider various factors, including the severity of the offense, any prior convictions, and any mitigating circumstances, before imposing a sentence (California Vehicle Code § 23536).

Tips for a Defendant

Preparing for a DUI trial requires careful planning and attention to detail. Here are some essential tips for defendants:

1. Hire an Experienced DUI Attorney

An experienced DUI attorney is crucial for navigating the complexities of a DUI trial. They can:

  • Provide Legal Expertise: An attorney understands the nuances of DUI law and can develop a robust defense strategy.
  • Negotiate with Prosecutors: They can negotiate plea deals or reduced charges if appropriate.
  • Challenge Evidence: An attorney can file motions to suppress evidence obtained through improper procedures.

2. Understand the Charges

Make sure you fully understand the charges against you and the potential penalties. This knowledge will help you make informed decisions throughout the trial process.

3. Gather and Preserve Evidence

Collect any evidence that supports your defense, such as:

  • Witness Statements: Obtain statements from any witnesses who can corroborate your account of events.
  • Medical Records: If you have a medical condition that could have affected your BAC reading, obtain relevant medical records.
  • Surveillance Footage: If there is any video evidence from the scene, ensure it is preserved.

4. Prepare for Testimony

If you choose to testify in your defense, prepare thoroughly:

  • Practice Your Testimony: Work with your attorney to practice your testimony and anticipate cross-examination questions.
  • Be Honest and Consistent: Always tell the truth and be consistent in your statements.

5. Dress Appropriately

Dress professionally for all court appearances. Your appearance can influence the judge and jury’s perception of you.

6. Remain Composed

Stay calm and composed throughout the trial. Avoid reacting emotionally to testimony or evidence, as this can negatively impact your case.

7. Follow Court Etiquette

Respect court procedures and etiquette. Address the judge and jury respectfully, and follow all instructions from court personnel.

Conclusion

Facing a DUI trial in California can be an overwhelming experience, but with proper preparation and the right legal representation, you can navigate the process more effectively. Understanding the stages of the trial, gathering and preserving evidence, and following practical tips can significantly improve your chances of a favorable outcome. Always consult with an experienced DUI attorney to ensure that your rights are protected and that you receive the best possible defense.

Citations

  1. California Penal Code § 1538.5 – Motion to Suppress Evidence
  2. California Vehicle Code § 23536 – Sentencing for First DUI Offense
  3. California Department of Motor Vehicles (DMV) – Administrative Per Se (APS) Hearings
  4. National Highway Traffic Safety Administration (NHTSA) – DWI Detection and Standardized Field Sobriety Testing
  5. California Code of Regulations, Title 17, § 1221.4 – Breath Alcohol Analysis