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What Happens in a DUI Trial?
Written by
Attorney Darren T. Kavinoky
Closing Argument and Jury Deliberations
 When all the witnesses have been examined, and all
the evidence received, it is the time for closing
arguments in the DUI trial. This is the opportunity
for the lawyers to let it all hang out, and explain
to the jurors why the evidence
does not allow for the conclusion that the prosecutor
has met his or her burden: to prove each and
every element of the case beyond a reasonable doubt,
to the exclusion of every reasonable doubt.
It is at this point that the judge may read some
jury instructions. Most of the jury instructions that
are used in DUI cases come from "pattern" or
canned jury instructions. In California, for example,
we have Caljic, which stands for
California Jury Instructions, Criminal. It is a
two-volume set of all the law to be applied in a
variety of cases. However, the law also recognizes
that the pattern instructions may not be sufficient.
Therefore, lawyers are allowed to submit customized
or "pinpoint" jury instructions that are
tailored to the particular facts in a given case.
A successful closing argument in a DUI case will
touch on some of the key jury instructions that
apply, such as guilt beyond a reasonable doubt, that
the defendant's out of court statements are to be
viewed with caution, and that in circumstantial
evidence cases, if there are two reasonable views of
the evidence, the jury must adopt the one that points
to innocence. The outstanding closing argument weaves
the facts with the law, without overlooking emotion,
pace, and timing. An excellent closing argument will
resonate with jurors.
And resonate it must; because the prosecutor has the
burden of proving the defendant's guilt, he gets
to argue first and last. The prosecutor's argument is
the first argument heard, and, because it is their
burden, the last word also belongs to them. The most
frustrating moment for any defense lawyer is when
they are sitting down,
having argued, and must listen to the prosecutor
without the opportunity to stand up and reply.
(The lawyer still may make objections, and a
well-placed objection will do much to derail the
prosecutor's closing.)
Following the argument of both counsel and final
instructions from the judge, the jurors retire to
deliberate the fate of the accused. If all jurors
agree in the defendant's guilt, a guilty verdict is
returned. If all jurors agree in the defendant's
innocence, an acquittal, or verdict of not guilty is
returned. Or, if some jurors view the evidence one
way, and some the other way, the jury will "hang."
This is a win for the defendant. Many cases are
dismissed following a hung jury. Alternatively, those
that are not dismissed may be the subject of very
generous plea-bargain offers. It is rare that a
hung jury case will be re-tried, although it does
happen. It will depend upon the facts of the case,
and the way the jury is split. An
experienced DUI defense lawyer will know just
what to do in each given situation. |
