What You Can Expect from the DUI Trial Process
You’ve been arrested for driving under the influence (a very serious charge) and are shocked and scared and don’t know what to expect next. No matter the circumstances surrounding the arrest or your own personal situation, it is imperative that you talk to an experienced San Diego criminal defense attorney as soon as possible. This is the safest way toward the best possible outcome as an attorney will work hard to uphold your rights and protect your freedom. Your attorney will help you through each stage of the DUI trial process, but here is a closer look at what you can expect.Arraignment
Your first DUI court hearing will likely be an arraignment where the judge reads your charges along with possible penalties and asks you for your plea (guilty or not guilty). You should be very careful in your consideration, and advising with your attorney is a must. If you plead guilty, you no longer have any rights, your case will be over, and you will be required to accept whatever punishment the judge gives you. If you plead not guilty, the judge will then decide whether or not to reduce your bail amount and will set dates for pretrial motions. The prosecutor then gives your attorney copies of evidence about your case including police reports and blood alcohol test results.Preliminary Hearing
At your preliminary hearing, the judge decides if there is enough evidence against you to possibly convince a jury that you were driving under the influence. You are not expected to say anything, but usually you do need to be present.Change of Plea Hearing
After reviewing the evidence and if you and your attorney decide that it is best to negotiate a deal with the prosecutor (plea deal), then it is done at a Change of Plea Hearing. Yours may be a case where a compromise can be made and your charges and/or sentence may be reduced if you plead guilty, negating the need (and time and expense) to take your case to trial.Final Pretrial Hearing
If your case features particularly damaging evidence, your attorney will likely bring motions to have it kept out of the trial. Such evidence can include physical evidence, blood alcohol test results, and incriminating statements or confessions you made to the arresting officer.Trial
If your case proceeds to trial, most often a jury is selected (rather than having a trial by judge). Evidence is outlined, testimony from witnesses is given, and cross-examination is performed. After closing arguments, the jury will be given instructions and they will deliberate before deciding on a verdict.Sentencing Hearing
If the jury finds you guilty, the judge will determine your sentence. Examples of common DUI sentences include any (or many) of the following:- Fine
- Suspended License
- Ignition Interlock Device
- Probation
- Criminal Record
- Community Service
- Drug or Alcohol Counseling (Outpatient or Inpatient)
- Jail Time
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.