Los Angeles DUI Trials

Los Angeles DUI Attorney

DUI trialThe majority of driving under the influence cases that are filed in court do not end up going to trial. Most cases resolve prior to trial; either by way of a negotiated plea agreement or a dismissal or reduction of charges. However, if the prosecution and defense are unable to reach a resolution, the case would go to trial where a jury of twelve members of the community would hear all of the evidence and determine whether or not the defendant is guilty or not guilty.

A DUI jury trial begins with jury selection. During jury selection, the full jury panel is brought into court and the prosecution and defense are allowed to question the jurors. Both sides are allowed to strike jurors who they do not want on the panel. In addition, there may be justification to strike certain jurors for cause if their answers show that they would be unable to be fair or impartial.

Once a jury has been impaneled, both the prosecution and defense will have a chance to present an opening statement to the jury. The opening statement is the first chance for both sides to directly address the jurors and gives both sides the opportunity to introduce the case and arguments relating to the evidence that will be presented.

After opening arguments, the prosecution will have the first opportunity to present evidence and witnesses to support its position that the defendant was driving under the influence of alcohol or drugs or was driving with a blood alcohol content of 0.08 percent or above. The prosecution will generally call the arresting officer and any other officers who were present during the arrest and investigation process.

The officer will testify about the defendant’s driving conduct and the officer’s initial interaction and observations regarding the defendant. The officer will testify about the defendant’s performance on the field sobriety tests and any breath test completed on a preliminary alcohol screening (“PAS”) device. The officer will describe how the defendant was arrested and whether or not the defendant selected the breath or blood test. If the officer operated the Breathalyzer device, he or she would testify regarding the defendant’s performance on that test and would present evidence of the defendant’s blood alcohol content. If the defendant refused testing, the officer would testify regarding the defendant’s refusal.

The prosecution may also present witnesses from the laboratory to testify regarding the chain of custody if there was a blood sample taken. The prosecution may also call expert witnesses regarding the defendant’s blood alcohol level at the time of driving as well as civilian witnesses who may have observed the defendant’s driving conduct or witnessed a collision.

The defense would have an opportunity to cross-examine the prosecution’s witnesses and challenge their statements. An effective Los Angeles DUI Attorney is highly skilled at cross-examining witnesses and will be able to effectively undermine the prosecution’s case.

Once the prosecution has rested, the defense can call its own witnesses. The defense may call expert witnesses who can describe how a defendant was not above the legal limit at the time of driving or can call any other witness that may be helpful to the defendant’s case. The defendant would be given the opportunity to testify, but is not required to testify. In addition, the defense could present its own evidence, such as the results of independent blood testing that was conducted on the defendant’s blood sample by an outside laboratory.

After the defense has presented its evidence and witnesses, both sides would have an opportunity to make closing argument to the jury. Following arguments, the jury would deliberate until it is able to reach a verdict. The jury must reach a unanimous verdict of either “guilty” or “not guilty.” If the jury is unable to reach a unanimous verdict, a mistrial can be declared by the judge and the prosecution may be able to retry the defendant.

If you have been charged with DUI, it is critical that you consult with a Los Angeles DUI Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut is highly effective at trying cases on behalf of his clients.

For more information about Los Angeles DUI trials, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User