The circumstances of each case are different. But at a DUI trial, the prosecution's evidence often includes the testimony of the arresting officers and chemical test results showing how much alcohol or what drugs were in the driver's system at the time of the arrest.
A common question for individuals facing DUI charges is the likelihood of their case going to trial. ing to a 2022 study by the California Judicial Council, only about 2% of DUI cases go to trial. This is because most DUI cases are resolved through plea bargains.
This right empowers you and ensures that your case doesn't linger in the legal system indefinitely. California has further defined what 'speedy' means under Penal Code 1382 PC. This law stipulates that in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of their arraignment.
To win a jury trial, the defense must raise reasonable doubt about the validity and/or accuracy of the test results, as well as mitigating or rebutting the observations and testimony of law enforcement officers involved in your case that lead to their conclusion your ability to drive was impaired.
Roughly three out of 10 Californians charged with DUI were not convicted of the crime. Because the burden is on the state to prove that someone was under the influence of a drug or alcohol, there are multiple defenses that an attorney can use to help their clients get their DUI case dismissed.
Some studies have suggested that as many as 20% to 30% of DUI cases may be dismissed or result in an acquittal.
The most common plea bargain for a first DUI is a reduction to reckless driving. This can result in lighter penalties such as reduced fines, fewer points on your license, and potentially avoiding jail time.