8/6/2019 Albuquerque DUI Attorney Details the Seven Steps in the DUI Trial Process

1/2

Seven Steps of the Trial Process Described byan Albuquerque DUI Attorney

A DUI case will typically involve pre-trial motions and a trial. Most DUI cases are settled with

plea bargains - where someone admits guilt to a lesser offense - and therefore never go to trial.In the absence of a plea bargain agreement between the prosecution and the defense, the DUIcase will go to trial. The common understanding of a trial comes from television depictions. Yourguilt or innocence will be decided by a jury of your peers after considering all the evidence forand against you in light of the demand for guilty beyond a reasonable doubt. There are 7 stepsinvolved in taking your DUI case to trial:

1. Pre-trial motions are made.2. Jury members are selected.3. Opening statements are made.4. Witnesses testify and are cross-examined.5. Closing arguments are made.

6. The jury is given instructions.7. The jury deliberates and reaches a verdict.

Pre-Trial Motions: Before the trial begins, your DUI attorney can use these motions to hamperthe prosecution. Pre-trial motions include complete dismissal of the case, or the prohibition ofcertain expert witnesses for the prosecution. Here are some of the arguments/motions your DUIattorney might make in your behalf:1. You were not properly informed of your Miranda rights.2. Your breathalyzer test wasn't done properly.3. You were illegally searched by the arresting officer. Your DUI attorney will contend that thesewere inappropriately or unlawfully conducted when s/he presents pre-trial motions. If successful,the police will not be able to use these pieces of evidence or testimony from these witnesses

against you.Jury Selection: A typical jury pool is comprised of people selected from lists of local residents. Alocal resident is identified by their voting registration, utility billing or DMV records. The court willwant a jury as representative of the local population as they can get. For example, an area witha 25% African-American population should aim for a jury pool that is 25% African-American.Because the Constitution only demands a jury pool resemble the local population, and not theactual jury, this percentage is not very important. After a jury pool is grouped and gatheredbefore a judge, the attorneys for the defense and prosecution ask questions to determine theirfitness for the trial. This is meant to confirm that one is tried in front of a jury that is unbiasedtowards either side. A jurist whose spouse died in a DUI accident might be dismissed by yourDUI attorney because that jurist would likely have a bias against you.

Opening Statements: A DUI trial can start as soon as jury selection ends. The openingstatement is the first time each attorney can discuss your case with the jury.

The testimony of witnesses and the cross examination: In this part of your trial, both theprosecution and your DUI attorney can call on the witnesses and ask about the incident with the

judge and jury present. Any witness for the prosecution or the defense is also available for crossexamination by the opposing side. Cross examination is a phase in witness testimony when the

http://duialbuquerque.com/criminal-process.htmlhttp://duialbuquerque.com/criminal-process.htmlhttp://duialbuquerque.com/criminal-process.htmlhttp://duialbuquerque.com/criminal-process.htmlhttp://duialbuquerque.com/dmv-process.htmlhttp://duialbuquerque.com/dmv-process.htmlhttp://duialbuquerque.com/dmv-process.htmlhttp://duialbuquerque.com/dmv-process.htmlhttp://duialbuquerque.com/criminal-process.htmlhttp://duialbuquerque.com/criminal-process.html

8/6/2019 Albuquerque DUI Attorney Details the Seven Steps in the DUI Trial Process

2/2

prosecution can question a defense witness, or your DUI attorney can question a prosecutionwitness.

The Closing Arguments: At the end of the case, your DUI attorney and the prosecuting attorneywill summarize their cases. Evidence will be displayed in an attempt to sway the jury one way orthe other.

Instructions for the jury: The judge will tell the jury about any laws they need to understand thatapply to your case. They will need to know this in order to make an informed decision regardingyour case. The judge will likely translate the complicated legalese of the DUI statutes into morenormal English for the jury.

Jury Deliberation and Verdict: In this final phase of a DUI trial, the jury will be excused tochambers to talk about the case away from possible influences. After a decision is reached bythe jury, all will return to the court room to hear the verdict read out loud.

For more information, please visit http://www.duialbuquerque.com or call (505) 903-7776 toschedule a free consultation.

http://www.duialbuquerque.com/http://www.duialbuquerque.com/http://www.duialbuquerque.com/http://www.duialbuquerque.com/