What To Expect During A DUI Trial In California

In this article, you can discover…

• The key stages of a DUI trial in California.
• What evidence is submitted during a trial.
• How a seasoned attorney can help defend you during a DUI trial.

What Are The Key Stages Of A DUI Trial In California?

The key stages in the DUI trial are going to be cross-examination of the arresting or investigating law enforcement officer, and if applicable, cross-examination of the State’s expert.

How Do Jury Selection And Opening Statements Work In A DUI Trial?

It’s important to find jurors with a neutral attitude toward alcohol and towards driving after having had a drink. The juror needs to be able to understand that drinking and driving alone is not illegal and that a certain blood alcohol content or level of impairment needs to be reached for the act to be illegal.

It’s important to find a juror who is open to that concept, who is not pro-prosecution, and who is willing to lead and think for themselves during deliberations. 

What Role Does Evidence Play In A DUI Trial, And How Is It Typically Presented?

Evidence is generally presented by the prosecutor from the State or at the District Attorney’s office. Typically, the evidence presented would be the observations of your driving, your performance during field sobriety tests, and your blood or breath chemical test results.

On the side of the defense, no physical evidence is usually presented. However, witnesses can be called to question how the arresting officer administered the field test and we will also seek to challenge the chemical test results. 

What Strategies Can The Defense Use To Challenge The Prosecution’s Evidence?

One key defense against a DUI charge is arguing that there was no valid basis for the stop—meaning there was no probable cause or reasonable suspicion for the officer to pull you over. This defense can be supported by referencing dash cam or body cam footage, or by highlighting a physical disability that may have affected your driving.

Your DUI defense attorney can also challenge the accuracy of the blood or breath test by questioning the reliability of the testing equipment. Additionally, they may argue that what the police interpreted as a refusal to be tested does not legally qualify as such. For instance, if you asked questions or expressed concerns, the police might have wrongly classified that as a refusal.

Attorney Matthew Cargal is a dedicated DUI defense lawyer serving California. For over 25 years, he’s helped clients just like you prepare for a DUI trial and defend against unjust charges.

Have questions about your DUI case? Need superior representation?
Reach out to The Law Offices of Matthew Cargal at (626) 648-5004 for an initial consultation today. 

How Does The Sentencing Phase Work If You’re Convicted?

If your charge and conviction amount to a misdemeanor, you will typically be placed on probation with some requirements in place, such as anti-alcoholism classes, fines, community service, hospital morgue tours, or a session with Mothers Against Drunk Driving.

If you are found guilty at trial, there is no more negotiating power. The sentence will be entirely up to the judge, and your conviction will rest heavily on the perspective and whims of that judge. 

What Is The Typical Timeline For A DUI Trial?

A DUI trial could go anywhere from four to 15 court days, depending on the seriousness of the case. If you have a serious felony DUI charge involving injuries or deaths, that will take a much longer time to present and defend than a simple traffic stop. 

How long your trial takes also depends on the availability of courts, especially in Southern California. 

Can You Describe A Challenging DUI Case Where You Found A Positive Outcome For Your Client Despite Difficult Odds?

I had a felony DUI accident, not the person’s first offense, and this person was not agreeable at all. He refused everything, was injured, and was taken out of the accident scene by way of ambulance. 

He fought with the paramedics, he fought with the doctors, but also would not take a deal because his blood alcohol level was so low. That was a case where we ended up going to trial, and he was acquitted of the DUI case because there really wasn’t much evidence to support that.

But he was convicted on related misdemeanor charges, which carried a much less severe penalty. Even though he didn’t completely walk away, he beat the felony, got a little probation and was done.

Helping him in that way felt great. It’s very rewarding for me. I feel like I did my job to the best of my ability and served my client well, and my hope is that I won’t see that person again under similar circumstances.

Still Have Questions? Ready To Get Started?

For more information on What To Expect During A DUI Trial In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 648-5004 today.