Although many DUI cases are resolved before reaching the trial phase through plea bargains or dismissals, it’s important to know what happens if your case does go to trial. This guide provides an overview of the DUI trial process, outlining each stage and explaining what you can expect as the case progresses.

If you’re facing a DUI charge and your case is heading to trial, it’s essential to have an experienced attorney by your side. Contact us today at (310) 448-1529 or fill out our online contact form to schedule a consultation with Attorney Arash Hashemi. We’re here to help you understand the trial process and provide the legal support you need.

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    Reasons a DUI Case May Proceed to Trial

    Not all DUI cases end in a plea bargain or dismissal; some proceed to trial for various reasons. Understanding why a DUI case might go to trial is important, as it can help clarify the legal strategy and potential outcomes.

    In some instances, the defendant may believe that the evidence against them is weak or that their rights were violated during the arrest process. A trial offers the opportunity to challenge this evidence, cross-examine witnesses, and present a defense. Additionally, the prosecution may refuse to offer a plea deal, or the defendant may reject the terms of a plea bargain, choosing instead to take their chances with a jury trial.

    Other factors that might lead a DUI case to go to trial include the seriousness of the charges, the potential penalties, and the defendant’s desire to avoid the consequences of a conviction, such as a lengthy jail sentence, significant fines, or a criminal record.

    Understanding these reasons can help you and your attorney make informed decisions about how to proceed with your DUI case.

    Arraignment: The First Step in Your DUI Case

    The arraignment is the first formal court appearance following a DUI arrest. If you are in custody, the arraignment typically occurs within 48 hours of your arrest. However, if you are not in custody, it may take place at a later date. During this hearing, the charges against you will be formally presented by the prosecution, and you will be asked to enter a plea of “guilty,” “not guilty,” or “no contest.”

    At this stage, the judge may also address other critical matters, such as setting bail, determining the conditions of your release, and scheduling future court dates, including pre-trial motions and the trial itself. If you plead not guilty, you will have the opportunity to begin reviewing the evidence the prosecution has against you.

    Having an experienced DUI attorney represent you at your arraignment is essential to protect your rights and ensure that you understand the charges and potential consequences. If you cannot afford an attorney, the court will appoint one for you. The decisions made at this stage can significantly influence the course of your case, making it a crucial first step in your defense.

    Trial – Opening Statements

    During the trial’s opening statements, both the prosecution and your DUI attorney will outline their respective cases to the jury. The prosecution will present an overview of the evidence and arguments they plan to use to prove your guilt, while your attorney will highlight the key points of your defense strategy and challenge the prosecution’s narrative. Although this step can be skipped, it is generally advised to deliver opening statements, especially in a jury trial, as they set the stage for the evidence and testimony that will follow.

    Opening statements are not considered evidence but serve to provide the jury with a roadmap of what each side intends to prove during the trial. In the hands of an experienced DUI attorney, an effective opening statement can be a powerful tool, setting the tone for the trial and potentially influencing the jury’s perception of the case from the very beginning.

    Evidence and Witness Testimony

    At this stage of your DUI trial, both the prosecution and defense present the evidence that supports the arguments made in their opening statements. The prosecution will introduce the evidence they have used to bring the DUI charges against you, which may include police reports, breathalyzer results, dashcam footage, and testimony from law enforcement officers. This is also the stage where the prosecution may call witnesses to testify against you.

    Your defense attorney will have the opportunity to cross-examine these witnesses and challenge the credibility of the evidence presented. Additionally, your attorney will present evidence and call witnesses to support your defense, which may include expert testimony to dispute the accuracy of breathalyzer tests, eyewitness accounts, or evidence questioning the legality of the traffic stop.

    This phase is critical, as it allows both sides to build their cases and respond to the other’s evidence. The jury will carefully consider the evidence and testimony presented during this stage when deciding the verdict.

    Closing Arguments

    After both the defense and prosecution have finished presenting their evidence and witnesses, the trial moves to the closing arguments. During this phase, your DUI attorney will deliver a compelling summary of your defense, highlighting the key points that cast doubt on the prosecution’s case. The prosecution will also present their closing argument, attempting to reinforce their evidence and persuade the jury of your guilt.

    Closing arguments are the last opportunity for both sides to address the jury before deliberation. Your attorney will use this time to emphasize the weaknesses in the prosecution’s case, remind the jury of the burden of proof, and argue why the evidence presented should lead to a verdict of not guilty. This final argument is crucial in influencing the jury’s decision.

    Jury Decision and Sentencing

    Once the closing arguments have been made, the jury will convene to deliberate and reach a verdict in your DUI case. The jury has two options to consider: guilty or not guilty. Their decision is based on the evidence and arguments presented during the trial. If the jury finds you not guilty, you will be acquitted of the charges and free to go. However, if the jury returns a guilty verdict, the case will move to the sentencing phase.

    After a guilty verdict, the judge will determine the appropriate sentence based on the severity of the offense, your criminal history, and any mitigating or aggravating factors. Sentencing can include jail time, fines, probation, mandatory DUI education programs, and license suspension. If jail time is ordered, you will be taken to the appropriate facility immediately following the sentencing. For other penalties, the judge will explain the requirements you must fulfill as part of your sentence.

    Facing a DUI charge is a serious matter, and having an experienced DUI attorney by your side is essential to ensure your rights are protected throughout the trial and sentencing. If you cannot afford an attorney, California provides legal representation, but if you have the means, hiring skilled legal counsel can make a significant difference in the outcome of your case.

    How We Can Help You Fight DUI Charges

    We begin by thoroughly examining the details of your DUI arrest, including the traffic stop, field sobriety tests, and any chemical tests used to determine your blood alcohol concentration (BAC). By scrutinizing the evidence and procedures, we identify weaknesses in the prosecution’s case, such as errors in BAC testing, improper conduct by law enforcement, or lack of probable cause for the traffic stop.

    Our defense strategy involves gathering and analyzing all relevant evidence, including police reports, video footage, and witness statements, to build a strong case on your behalf. We may challenge the accuracy of the breathalyzer or blood tests, question the validity of the field sobriety tests, or argue that your rights were violated during the arrest.

    We also handle all necessary legal motions, such as filing to suppress evidence that was improperly obtained or seeking to have the charges reduced or dismissed based on procedural errors. If the evidence against you is weak or flawed, we will work to have your charges dismissed or reduced.

    If your case proceeds to trial, we will represent you in court, cross-examining witnesses, challenging the prosecution’s evidence, and presenting a robust defense. Our goal is to create reasonable doubt about the prosecution’s case, protect your rights, and achieve the best possible outcome for your situation.

    Contact a Los Angeles DUI Defense Attorney Today

    Don’t wait to seek legal assistance if you’re facing DUI charges. With over 20 years of experience in criminal defense, Attorney Arash Hashemi is committed to providing professional and effective legal representation. We understand the serious implications of a DUI conviction and are dedicated to helping you protect your rights and achieve the best possible outcome.

    Schedule a Consultation:

    Phone: (310) 448-1529
    Email: Contact@hashemilaw.com
    Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
    Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

    Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of UCLA, Santa Monica, Beverly Hills, and Westwood. We offer flexible hours and weekend appointments, and we will visit you in jail to discuss your case. Contact us today to ensure you have the experienced legal support you need.

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    Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.