A DUI arrest can be overwhelming, but if your case goes to trial, understanding the legal process is crucial. A DUI trial determines whether the prosecution can prove beyond a reasonable doubt that you were driving under the influence. Whether you’ve pleaded not guilty or rejected a plea deal, knowing how DUI trials work can help you prepare and make informed decisions with your defense attorney.
In this article, we’ll walk through the full DUI trial process, step-by-step.
1. Pretrial Proceedings
Before the trial officially begins, your case goes through several pretrial phases that lay the groundwork:
A. Arraignment
This is your first court appearance where:
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Charges are formally read
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You enter a plea (usually “not guilty” for trial)
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Bail and conditions may be set
B. Pretrial Motions
Both the defense and prosecution may file motions to:
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Suppress evidence (e.g., breathalyzer or traffic stop details)
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Dismiss the case for legal errors
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Compel discovery (force the release of police records or lab results)
These motions help define what evidence will be allowed at trial.
2. Jury Selection (Voir Dire)
If your case goes to a jury trial (instead of a bench trial decided by a judge), the first step is jury selection:
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Attorneys from both sides question potential jurors
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They assess biases, knowledge of DUI law, or personal experiences
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Each side can dismiss jurors using challenges for cause or peremptory challenges
This process ensures a fair and impartial jury.
3. Opening Statements
Once the jury is seated, both sides give opening statements:
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Prosecution outlines the evidence and tells the jury what they aim to prove
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Defense previews the strategy for disputing the charges
This is not evidence—just an introduction to what each side will argue.
4. Prosecution Presents Its Case
The prosecution goes first and must prove the DUI charges beyond a reasonable doubt. They may call:
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Arresting officers
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Field sobriety test experts
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Chemical test technicians
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Civilian witnesses (if relevant)
The defense has the right to cross-examine each witness.
Common types of evidence:
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Bodycam or dashcam footage
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Breath or blood test results
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Testimony about observed impairment (slurred speech, red eyes, etc.)
5. Defense Presents Its Case
Once the prosecution rests, the defense may present evidence—though it’s not required. The burden of proof remains with the state.
Defense strategies may include:
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Challenging the traffic stop as unconstitutional
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Arguing improper breathalyzer calibration or maintenance
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Presenting witnesses (e.g., people who saw you not intoxicated)
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Highlighting alternative explanations (fatigue, medication side effects)
You also have the right to testify in your own defense, though it’s optional and strategic.
6. Closing Arguments
After both sides present evidence:
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Prosecution gives a final summary, reinforcing why the jury should convict
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Defense responds, emphasizing holes in the prosecution’s case or reasonable doubt
This is the last opportunity for each side to make their case to the jury.
7. Jury Instructions and Deliberation
The judge reads legal instructions to the jury, explaining:
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What the law requires to convict for DUI
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Definitions of legal terms (e.g., “impairment,” “reasonable doubt”)
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Guidelines for how evidence should be evaluated
Then the jury goes into deliberation, where they discuss and vote on a verdict.
8. Verdict
The jury must reach a unanimous decision in most states. Possible outcomes include:
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Guilty: You’ll proceed to sentencing
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Not guilty: You’re acquitted, and the case is closed
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Hung jury (no unanimous decision): The judge may declare a mistrial, possibly leading to a retrial
In a bench trial, the judge alone delivers the verdict.
9. Sentencing (If Convicted)
If you’re found guilty, the judge will issue a sentence that may include:
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Fines and court costs
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Jail time or probation
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License suspension or revocation
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DUI education programs
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Installation of an ignition interlock device
First-time offenders often receive lighter sentences, but repeat offenses or aggravating factors (like injury or high BAC) can lead to harsher penalties.
10. Appeals (Optional)
If you believe legal errors affected your trial’s outcome, your attorney may recommend filing an appeal. Appeals are complex and based on the trial record, not new evidence.
Conclusion
Going to trial for a DUI is a serious matter, but understanding the process helps demystify what lies ahead. From jury selection to closing arguments, each phase offers opportunities for your attorney to challenge the case against you. While not every DUI arrest leads to a trial, being informed gives you a stronger position, whether negotiating a plea deal or fighting the charges head-on.
