How Does a DUI Trial Work?
Leave a CommentDriving under the influence (DUI) is a misdemeanor criminal defense in Washington state. If you are caught driving while intoxicated by alcohol or drugs, the police will arrest you and a prosecutor will likely pursue criminal charges against you.
A DUI criminal trial can be a lengthy process. Here is what to expect if you are facing charges for driving while intoxicated.
You Have the Right to a Trial by Judge or Jury
After entering a plea of not guilty, you have the right to a speedy trial by jury. A jury is a group of 12 people who have been screened and selected by both the defense and the prosecution.
In some cases, it may be in a defendant’s best interest to waive this right and attend a trial by judge, also known as a bench trial. Your criminal defense attorney can help you identify which option is right for you.
The Defense and the Prosecution Will Select the Jury
Next, the jury selection process will take place. The potential jurors will be selected from a jury pool, or a group of United States citizens who are notified to report for jury duty. This process can take
The defense and the prosecution will question each potential juror and identify which ones are qualified to sit on the jury. Each side has the ability to dismiss jurors that they do not want to serve on the case, subject to certain restrictions.
Depending on the circumstances surrounding your case, jury selection can take a long time to complete. Once this phase is over and all of the jurors have been selected, the judge will swear each one in at the beginning of the trial.
The Trial Will Begin with Opening Statements
Next, your DUI trial will begin with opening statements from your DUI defense attorney and the prosecutor. The goal of the opening statement is for both sides to tell the jurors what they can expect during the case, and what the lawyer believes their evidence will prove.
Both Sides Will Present Evidence
After opening statements have been made, both parties will have the opportunity to present evidence to the courtroom, such as chemical test results, photographs, and witness testimony. In criminal trials like DUI proceedings, the prosecutor has the responsibility of proving the charges without a reasonable doubt. Once the prosecutor rests his or her case, the defense lawyer will present the other side’s evidence.
Both parties may call witnesses to testify on the stand, such as responding police officers and medical professionals. The defense attorney has the ability to cross-examine the witnesses that the prosecution brings or object to certain pieces of evidence. This process usually takes one to two days in DUI trials.
The Trial Ends with Closing Arguments and Jury Deliberations
Finally, the DUI trial will end with both sides presenting closing arguments to the jury. Then, the jury will go to a separate room and begin deliberations. Once the jury decides whether you are guilty or not guilty, the members will return to the courtroom and read their verdict.
Contact a Washington DUI Defense Attorney
If you are facing a DUI trial, you need an attorney who can represent your side of the story and advocate for your best interests in the courtroom. As soon as possible following your arrest, contact a Washington DUI defense lawyer to discuss your case and strategize your next steps.