Prospective clients often want to know what happens if they lose their DUI case at trial. Unfortunately, losing a DUI trial can affect your freedom and the sentence you receive for being found guilty of a DUI offense. Sometimes more severe sentences are imposed if a criminal defendant loses a DUI trial.
If you are searching for legal representation regarding a DUI case, then contact a Los Angeles DUI lawyer today. Facing a DUI trial can be intimidating, but with the right defense attorney, you can challenge the evidence presented against you by the state. We are here to help you with every aspect of your DUI case.
The Fundamentals of DUI Trials
It is against the law in the State of California to drive while under the influence of alcohol or drugs. All drugs and alcohol can affect an individual’s ability to operate a motor vehicle. Therefore, a DUI is classified as a criminal offense, and an individual defendant can lose their California driver’s license after a DUI conviction.
DUI trials are scheduled forty-five days from the date of arrest. A trial occurs when the prosecutors who represent the state will present against you and persuade the judge or a jury that you were guilty of the offense. Prosecutors must prove every element of the crime beyond a reasonable doubt.
Your Expectations at a DUI Trial in California
It is necessary to discuss the details of your trial strategy with your DUI attorney before the trial begins. It may be more beneficial for you to enter a plea deal rather than proceed to trial. An experienced litigator will be able to inform you of a possible sentence you may receive if you are found guilty at the trial.
A DUI trial may be before a judge or a jury. The jury will be composed of twelve individuals who live in the area where the trial takes place. It is important to consider the political makeup of the citizens where your trial is occurring.
The Possible Consequences of Losing a DUI Trial
If you are found not guilty of the charges presented against you, then you will be free of all the charges, and you will be released from custody. However, if you are found guilty, then the judge will decide which penalties should be assessed against you. These may include a term of imprisonment or probation, monetary fines, and community service hours.
Misdemeanor or Felony Charges
The charges you face will determine if you are being accused of your first DUI offense or if you have been convicted of many DUI offenses during the past decade. These factors can determine whether you will be charged with a misdemeanor or felony offense. In California, the first two DUI offenses are generally categorized as misdemeanor offenses.
An offense may be charged as a felony if it is a third DUI offense or if aggravating circumstances such as serious bodily injury or death are associated with the DUI offense. A felony is a more serious offense than a misdemeanor. If you are convicted of a felony, then you may be ordered to a term of imprisonment in a state correctional facility.
Winning a DUI Trial in Los Angeles
A Los Angeles DUI lawyer can examine the facts of your case and inform you of the probability that you can win your DUI trial. The following are some of the elements that may help you win a DUI trial:
- The breathalyzer was inaccurate due to mechanical failure.
- The arresting officer misread and misinterpreted the results of field sobriety tests.
- The arresting officer engaged in improper procedures regarding the DUI arrest.
- The initial stop was made without reasonable suspicion or probable cause.
The facts of the arrest will inform your attorney if these facts are relevant to your case. It is necessary to assess the facts of your case in an objective manner to determine if it is reasonable to take your DUI case to trial. Focusing on the evidence in your favor can help you have a better chance of being successful in your DUI trial.
Examining Witness and Presenting Documentary Evidence
A criminal defense attorney can help you present documentary evidence and examine witnesses. You may not understand the difference between direct examination and cross-examination. However, if you retain a criminal defense attorney, then you will be more likely to understand how these techniques can be used to benefit your case.
Criminal procedure can be complex to those who are unfamiliar with the American legal system. If you retain a Los Angeles DUI lawyer, then you are more likely to have more opportunities to contest the evidence and witnesses presented against you. When your liberty is at stake, you do not want to take any chances if you have the ability to retain a criminal defense attorney.
Determining if More or Less Evidence Is Better for Your DUI Trial
One important factor that may influence whether a DUI case goes to trial is the amount of relevant evidence available to both the state and the defendant. Sometimes having too much evidence may confuse the judge or jurors who will be weighing the evidence in the case. However, if too little evidence is available, then it can be difficult to assert strong defensive arguments.
Contact a Los Angeles DUI Lawyer to Schedule a Free Consultation
A Los Angeles DUI lawyer can provide you with the most effective means of protecting your legal rights during a DUI trial. If you are searching for a criminal defense attorney, then contact us today to learn more about the legal options available to you. We can handle every aspect of your DUI case.
It is important to do everything within your power to be objective during a DUI trial. It is essential that you focus on working with a Los Angeles DUI lawyer to ensure that you have the best chance of being found not guilty. Reach out to us today if you would like to learn more about effective DUI trial strategies.