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.
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.
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.