What Really Happens in a DUI Trial?
What is going to happen to me next? That’s the big question after a DUI arrest. DUI cases can be confusing and very complex. But you can understand what will happen in a DUI trial. Your best move right now is to get a skilled DUI attorney who can explain the process to you.
DUI clients like you are often paralyzed with fear, never having been part of the criminal justice system before. Charged with a DUI, with your freedom, your driving privileges, and your good name hanging in the balance, you may be wondering what the process is about. What will determine whether you will be branded a criminal for the rest of your life? You can understand how a DUI trial is conducted. There is also more information about: Motions In Limine, Jury Selection, Opening Statement, Prosecution's Case, Defense Case, Closing Argument and Jury Deliberations available right here.
NOTE: Your specific DUI defense can be discussed with a skilled DUI lawyer in your state. The particular defense often argued in DUI cases, whether it be a rising blood alcohol defense, a tainted blood defense, a mouth-alcohol defense, or any other, is the decision of the individual DUI defense lawyer in your state. The applicable defense will vary from case to case.
In every state, the process by which these cases are brought to trial is the same. If you or someone you care about has been charged with a DUI, DWI, or some other alcohol-related driving offense (no matter what acronym is used to describe it), it is of paramount importance that you locate a skilled drunk driving defense lawyer to help. Once you have a lawyer and his investigation completed, you will be ready for your DUI trial with your experienced DUI attorney at your side. Here’s more about exactly what you can expect if your DUI case goes to trial.
The "Trailing" Period
The Constitution guarantees each criminal defendant the right to a speedy and public trial. Because of the congestion found in many courthouses, the right to a speedy trial has found a particular definition. In California for example, a DUI defendant who is in custody has the right to a trial that commences within 30 days of their arraignment. An out-of-custody defendant has the right to commence their trial within 45 days of their arraignment. These dates can be (and often are) extended at the request of the client or their DUI defense lawyer to allow investigation into every aspect of the case.
Once a date is set for your DUI trial, it is usually expressed as a "zero of ten date," meaning that the DUI defendant's speedy trial rights will not be offended if the DUI trial begins on the trial date, or within 10 days of that date. (If the tenth day falls on a Saturday or Sunday or holiday, the next court day would be the "last day" for trial.) If the trial does not commence on or before the expiration of the last day for trial, the case must be dismissed. Commencement of a DUI trial is the swearing of the jury panel.
Remember, DUI cases are complex. You should not proceed without a skilled DUI lawyer. You can find an experienced lawyer right here who will help you understand your particular case and how to fight it.