What Happens When a DUI Case Goes to Trial?

Understanding how DUI trials work is important for anyone facing a DUI charge—even if they ultimately decide to plead guilty. Generally, a DUI is considered a misdemeanor criminal offense. But some DUIs are felonies if there are aggravating factors (like an accident causing injury or death) or if the driver has prior DUI convictions. So, anyone who's accused of driving under the influence typically has a right to a jury trial. (The procedures for minor traffic violations are usually different.)

Most criminal cases, including those involving DUI charges, don't actually go to trial but are instead resolved through plea bargaining. But if you do end up taking a DUI case to trial, here's what to expect.

Trial by Judge or Jury

Anyone who's charged with a crime is normally entitled to a jury trial. But, occasionally, a criminal defendant will waive the right to a jury trial and opt for a trial by judge (also called a "bench trial") instead. The difference here is who will be deciding the defendant's guilt—a group of jurors or a single judge. (With minor traffic violations, in contrast, a bench trial is usually the only option.)

Defense attorneys sometimes have specific reasons for thinking their chances of winning are better in a particular case with a bench trial. However, defense attorneys often prefer jury trials. Jury trials can be preferable because a jury must unanimously vote to convict a defendant. In other words, if only one juror believes the defendant isn't guilty, the defendant won't be found guilty.

Picking a Jury

The first thing that needs to happen for a jury trial is jury selection. Jury selection is just the process for choosing who will be the jurors deciding the case. The process begins with the defense and prosecution questioning potential jurors who are in the "jury pool"—the group of citizens who report for jury duty for the case. Essentially, each side gets to dismiss jurors they don't want on the case with certain restrictions. For instance, the defendant's constitutional rights prohibit the prosecution from dismissing jurors for discriminatory reasons involving race, ethnicity, and gender.

Jury selection can take quite a while. But eventually, through this process of elimination, the defense and prosecution will end up with the jurors who will decide the case. The judge will then "swear the juror in" and move on to the next phase of the trial.

Opening Statements at DUI Trials

Before presenting any evidence, the defense and prosecution get to make opening statements to the jurors. (If it's a bench trial with a judge, the attorneys might skip opening statements.) The official purpose of opening statements is for the parties to tell the jurors what they believe the evidence will show.

In a DUI trial, the prosecution will typically outline how they intend to prove the DUI charges. In other words, the prosecution will explain who they plan to call as witnesses and the other types of evidence they're going to present to back up the charges. The defense might also inform the jurors of evidence and witnesses they anticipate presenting at trial. But in many cases, the opening statement of the defense focuses primarily on where they think the prosecution's evidence will come up short.

Presentation of Evidence at DUI Trials

At a DUI trial (or any other criminal trial), the prosecution has the "burden" of proving the charges against the defendant "beyond a reasonable doubt." In other words, the prosecution must present sufficient evidence at trial to convince the jurors (or judge in bench trial) of the defendant's guilt. If the prosecution can't accomplish this, the presumption of innocence requires the jurors (or judge) to find the defendant not guilty.

Having the burden of proof, the prosecution needs to do the heavy lifting at trial and will present its evidence first. The circumstances of each case are different. But at a DUI trial, the prosecution's evidence often includes the testimony of the arresting officers and chemical test results showing how much alcohol or what drugs were in the driver's system at the time of the arrest. DUI trials involving drug impairment often include toxicology reports and opinions from expert witnesses (like toxicologists).

The defense gets to cross-examine the prosecution's witness and might object to the admission of the prosecution's evidence. And, when the prosecution "rests its case," the defense can present evidence of its own. In many DUI cases, the pivotal issue is whether the defendant's blood alcohol concentration (BAC) exceeded the legal limit of .08% (.05% or more in Utah) at the time of the arrest. So, it's pretty common for the defense to call an expert to testify who can cast doubt on the reliability of the prosecution's BAC test evidence.

The defendant may choose to testify, but the defendant also has the right not to testify. If the defendant chooses not to testify, the judge or jury can't hold that against the defendant as evidence of the defendant's guilt.

In most DUI cases, the presentation of evidence from both sides doesn't take more than a day or two.

Closing Arguments in DUI Cases

Once the parties finish presenting their evidence, it's time for closing arguments. Typically, the prosecution will use this opportunity in a DUI case to go back over the evidence and explain how the evidence supports the charges. The defense will basically do the opposite and try to point out any deficiencies in the prosecution's case and highlight any areas that might give rise to doubt about the defendant's guilt.

The closing argument is typically an attorney's last chance to address the jurors (or judge in a bench trial) directly before they decide the case.

DUI Jury Instructions and Deliberations

In a bench trial, the judge will decide whether to find the defendant guilty after closing arguments. The judge might decide immediately after closing arguments, but a judge also could take the case "under advisement" for a short time to review the facts and law.

The final phase of a DUI jury trial involves the judge informing the jury of the relevant law (called "jury instructions") and the jurors getting together and making an actual decision on guilt (called "deliberations").

If the jurors can come to a consensus, a foreperson from the jury will inform the judge that they've reached a verdict. The judge will then call everyone back into the courtroom, and the foreperson will read the verdict of guilty or not guilty.

If the verdict is guilty, the case will proceed to sentencing (see below). If the verdict is not guilty, the defendant won't have a criminal conviction for DUI and will be free to go. Under the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution, the prosecution can't bring new DUI charges against the defendant for the same offense.

When the jurors are unable to agree on a unanimous verdict, the judge will normally declare a "mistrial." A mistrial basically means the defendant was neither convicted nor acquitted of the charges. Typically, the prosecution can opt to retry a case following a mistrial, but they may decide to offer a better plea deal or dismiss the case.

Sentencing

If the jury finds the defendant guilty, then the court will sentence the defendant (although a few states allow the jury to sentence the defendant). The sentencing hearing might happen immediately after the guilty verdict (more common in misdemeanor cases), or it might be set several weeks out (more common in felony cases).

At sentencing, the judge will hear arguments from the prosecutor and the defense attorney. Both sides also can introduce evidence, such as the defendant's criminal record, victim statements, and statements from character witnesses on the defendant's behalf. The judge also might have a presentence report from a probation officer (more common in felony DUIs).

Before the judge imposes a sentence, the defendant will have a chance to make a statement (called an "allocution"). The allocution can be a good opportunity to plead for leniency, but a bad allocution can backfire. So, it's good to prepare an allocution with an attorney before addressing the court.

In a DUI case, the sentence can include fines, jail or prison time, probation, license suspension or revocation, ignition interlock device requirements, victim impact panels, or substance abuse treatment. The exact sentence will depend on the severity of the offense, state law, and the specific judge.

Getting Help From a DUI Attorney

DUI laws are complex, and the facts of every case are different. If you're charged with DUI, talk to a qualified DUI attorney. A lawyer can help you decide the best course of action for your case.