Jury deliberation is one of the final stages in a Florida DUI / DWI trial. Once both the drunk driving defense attorney and prosecutor have finished presenting their cases, the jury is given instructions and sent out of the courtroom to weigh the evidence and make a decision. If all six jurors reach a unanimous decision, there is a verdict.

The prosecutor has the burden of proving every element of the case beyond a reasonable doubt, but many imply to juries that the defense has the burden of proving the driver’s innocence. However, reminding jurors explicitly of the prosecutor’s burden of proof usually is sufficient.

When even one juror has a reasonable doubt about the driver’s guilt, the defense case has been successful. When jurors cannot agree on a verdict, there is a hung jury. If all six jurors agree in the defendant's innocence, an acquittal, or verdict of not guilty, is returned. If all jurors agree in the defendant's culpability, a guilty verdict is rendered.

A hung jury is considered a win for an accused drunk driver. Many prosecutors choose not to refile the charges, or may offer a generous plea-bargain following a hung jury. Although a prosecutor can retry the case, he or she rarely chooses to do so. If the prosecutor had difficulty the first time convincing six jurors of guilt beyond a reasonable doubt, the same hurdle likely will be faced in another trial.

If the jury is able to reach a decision, the foreperson writes the verdict on a form and tells the bailiff that deliberations have ended. The jurors then return to the courtroom. The judge, prosecutor, defense attorney, and defendant also return to the courtroom. 

The foreperson is instructed by the judge to give the verdict form to the clerk.  The verdict is then read aloud in the courtroom.  Once the verdict is read, the judge asks whether is was true and correct.

If the verdict is guilty, the defense attorney may choose to poll the jury, meaning that each individual juror is asked to state his or her decision aloud.  This ensures that the verdict was a truly unanimous opinion of all jury members.

Once the verdict has been read, the judge thanks the jurors for their dedication and service and tells them they are dismissed. The judge and attorneys will then discuss any additional procedural matters. If a guilty verdict was returned, this may include setting a sentencing date.