DUI Trial
The purpose of a DUI trial is to allow both the prosecution and the defense to present evidence, arguments, and witnesses to determine guilt for driving under the influence of drugs or alcohol. The jury is to determine guilt ‘beyond a reasonable doubt.’ There are seven steps in a criminal trial:
The judge and attorneys question potential jurors on topics ranging from their opinion of drinking to whether they were ever arrested for DUI. An attorney may challenge a juror accepted by other side ‘for cause,’ and gives reasons why the person is unacceptable. The judge rules on this. The attorney may excuse a juror by ‘peremptory challenge,’ and does not have to give a cause for rejection. Each attorney gets a certain number of rejections ‘for cause’ and on ‘peremptory challenge.’
- Attorneys give opening statements for both sides
First the prosecuting attorney and then the defense attorney gives an opening statement, presenting the case from their viewpoint. Each tries to sway the jury toward their side.
- Witnesses testify and are cross-examined
Physical evidence is presented and witnesses are called to testify. The attorney who subpoenaed the witness asks questions first, and then the opposing attorney ‘cross-examines.’ The first attorney then has another opportunity to ask questions of the witness.
When both sides choose to ‘rest,’ this means there are no more arguments and the attorneys can give their closing arguments.
- Attorneys give closing arguments for both sides
Closing arguments are a final opportunity for both attorneys to sway the jury.
- The jury receives instructions from the judge
The judge directs the jury on the legal rules. The jury may be asked to ignore things that were said during the trial.
The jury is taken to a secure room where they ‘deliberate,’ which could take an hour or a week. They must come to an agreement on the defendant’s guilt or innocence. If the jury cannot come to a unanimous decision, the judge declares a mistrial. This is called a ‘hung jury.’ The process from jury selection onwards begins again.
- The jury delivers their verdict
The ‘foreperson’ gives the verdict of the jury to the court. The judge announces the verdict to the courtroom.
