DUI Trial – What to Expect

Going on trial for a DUI charge can be very frightening. It is important for you to have an educated and effective defense prepared before your court date. Without it, you may have irreparable holes in your argument that can result in your conviction.

In order to best prepare for your trial, you should familiarize yourself with the expected procedures. A qualified and experienced DUI defense lawyer will know when to speak and what to say during these times. Contact Rhode Island DUI defense attorney James Powderly today at 401-662-9006 to learn more about your legal right and options.

Before the Trial Begins

You may have either a bench trial or a jury trial based upon your specific case and assigned judge. Under bench trial proceedings, the judge will decide the verdict. Under a jury trial, however, a number of unaffected individuals will be selected for your jury through a process known as voir dire. This selected committee will determine the verdict of your trial after hearing both sides of the case.

Pre-trial motions will also occur before your trial begins. During this time, both the defendant and the prosecutor meet with the judge to make arguments that admit or exclude certain pieces of evidence. This process is used to prevent irrelevant yet bias-inducing information from being brought to the table. Any information or evidence excluded during this time may not be brought up during the trial.

During the Trial

The trial proceedings will follow these steps, in this order:

• Opening statements
• Presentation of the prosecution’s case
• Cross-examination by the defense
• The prosecution rests and the defense presents its case
• Cross-examination by the prosecution
• The defense rests and the prosecution makes its closing statements
• The defense makes its closing statement
• The judge informs and instructs the jury of the decision-making process
• The jury deliberates and reaches a verdict

Typically, cross-examination of witnesses, if aggressive enough, is the best way to determine the truth of the situation.

After the Trial

If the defendant is determined to be guilty of the crime, then post-trial motions may occur. During this time, the defense speaks with the judge and argues for an override, new trial, or acquittal.

If the defense is again determined to be guilty of the crime, then sentencing occurs. The defendant may be sentenced at the conclusion of the trial or sentencing may be postponed and delivered at a later date.

Contact Us

If you have been charged with DUI and are preparing for your trial, then DUI defense lawyer James Powderly can help you form a strong and complete defense. Contact him today at 401-662-9006 to learn more about what he can do to protect you.