A DUI trial can last anywhere from 1 to 4 days, depending on the number of witnesses and the complexity of the case. Additional motions may sometimes be brought at this time depending on the facts of your case.

The next step is selecting a jury called voir dire. Both the prosecutor and your attorney can questions prospective jurors to ensure that they can be fair and impartial to both sides. Both the prosecutor and the defense can excuse jurors that cannot be fair and impartial.

After the jury is selected, the prosecutor gives their opening statement. This is a summary of what anticipated evidence. Your attorney can also give an opening statement at this time or wait until the defense case begins.

The prosecutor presents their case by calling witnesses. The defense is allowed to ask questions of the witnesses through a process called “cross examination.” After the prosecution has presented all of their evidence they conclude their case by “resting.” The defense can then being to present their evidence if they so choose. The defense is not required to present any evidence and can simply rely on the lack of proof or inadequacy of the prosecutor’s case.

After all of the evidence is presented, the judge instructs the jury on the law of the case. The prosecutor and the defense present their closing arguments and the jury then commences deliberation, or a discussion of the law and the evidence. Deliberation can last a few minutes to days, depending on the jury. The jury can vote to acquit, convict or be deadlocked (unable to reach a unanimous verdict).

If you are acquitted, you are discharged from any further obligation to the court. If you are convicted, the next step will be sentencing which can take place after the trial or on a different date. If the jury is deadlocked, the prosecutor could dismiss the case, retry the case or offer a more favorable plea bargain.