The prospect of facing a jury trial is daunting for many accused DUI / DWI drivers. Many prefer to just plead guilty and put that chapter of their lives behind them. However, there are good reasons to fight a drunk driving charge with the help of an experienced Florida criminal defense attorney. For many drivers, gaining a better understanding of the workings of a jury trial can ease any fears they have about aggressively fighting the charges.

The trial process generally begins with the submission of pretrial motions, also known as motions in limine. Once any pretrial motions have been decided, jury selection will begin. Both sides will engage in voir dire, or the examination of prospective jurors, to establish each individual’s suitability for jury service. Some jurors will be excused “for cause” in what is called a peremptory challenge

Once six suitable jurors have been selected, both the prosecutor and defense attorney will give opening statements. Defense attorneys typically use this opportunity to remind jurors that the prosecutor has the burden of proving every element of the case beyond a reasonable doubt. The defense attorney also asks the jurors to keep an open mind.

After opening statements are delivered, both sides examine and cross-examine prosecution witnesses and defense witnesses. Prosecution witnesses always include the arresting officer and, if the driver submitted to a chemical test, a police forensic expert. Defense witnesses typically include an independent toxicologist to rebut the opinion of the prosecution expert. In some cases, the defense attorney may decide to have the driver testify.

After the witnesses testify, each side will begin closing arguments. Attorneys use this opportunity to recap the case they have presented to the jury. After closing arguments, jury deliberations begin. One of the final stages of the trial is the verdict. A defendant who is found guilty will then be sentenced.