| BASIC FRAMEWORK OF A DUI OR DWI CASE: | | | | are called before the judge, the prosecution and the |
| Pre-Trial Motions and Trial | | | | defense attorney, who each question them in order |
| Most DUI or DWI cases never make it to this step | | | | to determine whether or not they are fit for trial. |
| because the accused takes a plea bargain, admitting | | | | The ultimate goal of this is to make sure that the |
| guilt in exchange for a lesser offense. | | | | juror will not be biased towards one side or the |
| But if a plea bargain cannot be reached, ultimately the | | | | other. For example, if the potential juror had lost a |
| case will go to trial. The trial phase of a criminal case | | | | child in an accident involving a drunk driver, your |
| is usually what most people are familiar with from | | | | attorney would move to dismiss them from the |
| watching movies or TV. In the criminal courts a jury | | | | panel, since they would be unfairly biased against you. |
| of your peers will evaluate the evidence against you | | | | Opening Statements |
| and decide whether or not to convict you of the | | | | Once the jury is selected, the DUI / DWI trial can |
| crime charged based on whether or not they are | | | | begin. Opening statements is the time when the |
| convinced that you are guilty, "beyond a reasonable | | | | attorneys are first allowed to address the jurors |
| doubt." | | | | about your case. |
| If your DUI or DWI case does make it to trial, it will | | | | Witness Testimony and Cross-Examination |
| probably follow a sequence of seven steps which | | | | This is the point when both sides bring out witnesses |
| include pre-trial motions, selecting jury members, | | | | to speak about the incident in front of the judge and |
| opening statements, witness testimony and | | | | jury. If the witness is presented by one side, the |
| cross-examination, closing arguments, jury instruction | | | | other side is usually allowed to "cross-examine" them |
| and finally, jury deliberation and verdict. | | | | should they so choose. Cross-examination just means |
| PRE-TRIAL MOTIONS | | | | that the attorney for the opposing party is |
| These motions are usually arguments made by | | | | questioning your witness: the defense cross-examines |
| counsel for one side or the other requesting that the | | | | any witness brought forth by the prosecution; the |
| court restrict their opponent from doing something at | | | | prosecution cross-examines any witness brought |
| trial. Pre-Trial motions include requests to exclude | | | | forth by the defense. |
| certain evidence, to prevent the use of certain | | | | Closing Arguments |
| witnesses, or to dismiss the case completely. Your | | | | This is where your lawyer and the prosecutor each |
| attorney could raise arguments that the breathalyzer | | | | summarize their arguments and attempt to convince |
| test you took was flawed, or that the police officer | | | | the jury that their side should win the case. |
| that arrested you searched you illegally or questioned | | | | Jury Instructions |
| you without advising you of your rights under | | | | Jury instructions are issued by the judge to the jury. |
| Miranda. If the police acted inappropriately or | | | | They are usually an explanation of any applicable law |
| unlawfully in anyway, this is the time to use their | | | | that the jury will need to know to evaluate the facts |
| mistakes against them to exclude government | | | | and make a decision. In a DUI or DWI case the judge |
| evidence and/or witnesses. | | | | will probably read the relevant state statutes to the |
| DUI / DWI TRIAL | | | | jury and explain any terms that are not easily |
| Jury Selection | | | | understood by laymen (aka non-lawyers). |
| On your trial date, a "jury pool" is assembled from | | | | Jury Deliberation and Verdict |
| various lists of local residents; these lists include voter | | | | This is the final part of the DUI / DWI trial. The jury |
| registrations, DMV records and utility billing lists. The | | | | will be excused to a private area where they will |
| goal in creating the jury pool is to achieve a fair cross | | | | discuss your case amongst themselves without input |
| section of the local population. Therefore, if 40% of | | | | from either side or from the judge. Once they have |
| the population is Latino, then approximately 40% of | | | | come to a decision, they, the judge and the parties |
| the jury pool should be Latino as well. However, the | | | | will return to the court room where they will read |
| constitution only requires that the jury pool be | | | | their verdict aloud to the court. |
| representative, not the jury itself. So in the scenario | | | | For more about Driving Under the Influence and |
| above, it would not matter that only 30% of the | | | | Driving While Intoxicated please visit the LegalMatch |
| actual jury members were Latino, only that they | | | | Law Library or post your question in the Legal |
| were represented fairly in the wider jury pool. | | | | Forums. |
| Once the jury pool is assembled, the potential jurors | | | | |