The basic framework of a DUI case is the pre-trial motions and trial. Most people will decide to accept a plea bargain where they admit to being guilty in exchange for the charges to be dropped to a lesser crime.  This is done frequently to avoid going to trial. If your Indianapolis DUI lawyer and the prosecutor cannot come to an agreement regarding the plea bargain, your case will go to trial. Trials are usually pretty similar to what you have seen on TV or in the movies. A jury listens to all of the evidence gathered against you and will determine if you are guilty beyond a reasonable doubt. If your DUI case goes all the way to the trial there will be a sequence of seven steps: pre-trial motions, selecting jury members, opening statements, witness testimony, a cross examination, closing arguments, jury instruction and lastly jury deliberation and verdict.

Pre-Trial Motions

Your Indianapolis DUI Lawyer will usually file a pre-trail motion to ask to the judge to suppress evidence against you or possibly to try and prevent the state from doing something during your trial. Sometimes your DUI lawyer will use pre-trial motions to avoid having the prosecutor’s expert witness testify or even to get your case dismissed. Common pre-trial motions include challenging the arrest process, the correctness of the chemical testing and if you were searched illegally. .If any of these things were not done lawfully your Indianapolis DUI lawyer will use pre-trail motions to try and get the evidence and witnesses excluded.

Jury Selection

Jury pools are assembled from different lists of local residents. These lists are pulled from DMV records, utility billing or voting registrations. The goal of the court is to gather a representative cross section of the local population when creating the jury pool. Based on this, if 25% percent of the population is African- American then the goal is for 25% of the jury pool to be African-American. Do not be confused with this percentage as the Constitution only requires that the jury pool be a fair representation of the local population not the actual jury that is selected. After the jury pool is selected, all potential jurors will be asked questions by the judge, the prosecutor and your DUI lawyer to ensure they are fit enough for the trial. Both the defense and prosecution want to ensure any potential juror is unbiased. If one of the people in the jury pool has lost a spouse in a DUI accident your Indianapolis DUI lawyer would move to dismiss them form the jury pool believing they would be biased against you.

Opening Statements

After the jury has been selected, the trial can start. At this time, both the prosecutor and your Indianapolis DUI lawyer will take turns in addressing the jury for the first time with information regarding your case.

Witness Testimony and Cross Examinations

In this part of the trial, both your DUI lawyer and the prosecution will call witnesses to discuss the incident in front of the jury and the judge. Once a witness is brought into court by either the defense or the prosecution the opposing sides can cross examine them if they choose to. Cross examination is when the lawyer for the prosecution is questioning a defense witness or your Indianapolis DUI lawyer is asking questions of a witness brought by the prosecution.

Closing Arguments

As the case nears the end, your DUI Lawyer and the prosecutor will summarize their arguments and evidence, hoping to convince the jury in their favor.

Jury Instructions

The judge will instruction the jury with details about the applicable laws they need to understand when reviewing the evidence and facts in the case.  This usually has the judge reading the DUI statutes in plain English so the jury does not get confused with legal jargon.

Jury Deliberation and Verdict

In order for the jury to deliberate, they cannot be bothered by the judge, the prosecutor or your DUI lawyer.  The judge will excuse the jury to chambers so they can have their privacy. Once the jury has made a final decision, everyone will return to the court room where the jury foreman will read the verdict out loud in court.