Process trial for driving under the influence (DUI)

The process of trial for driving under the influence begins with stopping the vehicle initially and subsequent detention for “driving under the influence “or DUI. Many DUI trials are based on whether the police made ​​the arrest in accordance with the constitutional rights of the accused. Once the defendant is arrested, the defense and the prosecution will participate in the discovery process and attend any hearing required suppression. DUI trials usually last about half a day and the judge will consider the evidence of the prosecution and defender.

Constitutional disputes

Under the Fourth Amendment of the US Constitution, police must have “reasonable suspicion” that a crime is being committed or has been committed. The standard of reasonable suspicion has been widely interpreted and can mean anything from a broken brake light indicator to sharp deviations. Once the officer stopped the vehicle, have the freedom to observe the driver for evidence of intoxication, including slurred speech or failing a sobriety test.

Detection phase

The detection phase of trial for DUI process involves the exchange of evidence between the defense and prosecution. The detection rules mandate that both parties exchange evidence freely as it can be applied to the case cover evidenced by the attorney-client privilege is not detectable, and the parties may refuse to deliver the opponent privileged information.

Suppression hearings

A suppression hearing is one in which one party attempts to make some evidence be suppressed or excluded from the trial. These hearings are common in criminal cases and DUI. If either party considers that an item of evidence is a violation of the Constitution or state laws on evidence, they can request to be excluded. The rules of evidence do not support the rumors as evidence, or evidence which are excessively injurious or improper character evidence about the defendant. The parties attend a court hearing where the DUI trial takes place, and each side will argue its position. The judge will make a decision at the end of the hearing on whether the evidence will be admitted or be excluded.

DUI trial

Those accused of DUI may be offered an agreement before going to trial. A deal is a deal prosecutor to accept a guilty plea on a misdemeanor charge. Statements for DUI can be exchanged for a charge of reckless driving or any other comparable offense. All defendants are entitled to a trial if they are accused of a crime and may reject a settlement offer if they wish. Some DUI cases involving a jury and others are just in front of a judge; depending on whether the defendant demands a jury trial. The prosecution must present evidence and prove each element of that crime of DUI beyond doubt reasonable. The defendant is not required to testify at trial, but can testify if you choose to. The trial may result in a verdict of guilty or not guilty, a hung jury or that the charges be dismissed.