Jury Deliberations

Once both the defense and prosecution have made closing arguments in a California DUI / DWI trial, and the judge has issued jury instructions, it's time for the jurors to deliberate the drunk driving case.

Jury deliberations can be a nerve-wracking time for anyone charged with driving under the influence. However, with an expert California DUI / DWI defense lawyer from The Kavinoky Law Firm at the defendant's side, the driver can be assured that he or she has received the best defense possible in a drinking and driving case.

This represents the first chance jurors have to discuss the case with each another. They will choose a foreperson responsible for overseeing deliberations. The jury will deliberate on every item of evidence presented throughout the trial. They will determine how much weight to give to each piece of evidence presented.

The jurors are required to follow the law as outlined in the instructions given to them by the judge. If they have any questions, they may ask the bailiff to give a note to the judge. They may also see certain items of physical evidence or have portions of testimony read back to them.

The jury will take a vote after deliberating for a certain period of time. If all agree on the defendant's guilt or innocence, they have reached a verdict. The bailiff will be notified, the jury will return to the courtroom, and the verdict will be read. If all jurors agree that the defendant is guilty beyond a reasonable doubt, a guilty verdict is rendered. If all jurors agree in the defendant's innocence, an acquittal or verdict of not guilty is returned.

If the jurors cannot agree on a unanimous verdict, they will continue to deliberate. If they find that they are unable to reach a unanimous decision, there is a hung jury. Although it may not seem this way, this is a victory for the defense. Many prosecutors opt to dismiss the case following a hung jury. If the case is not dismissed, the prosecutor may offer a generous plea bargain. Although the case can be retried, the prosecutor rarely wants to do so.

Although jury deliberations can be a stressful time for motorists charged with driving while intoxicated in California, taking a drunk driving case to a jury with the help of an experienced DUI / DWI defense lawyer from The Kavinoky Law Firm is often the driver's best chance to avoid the consequences of a drinking and driving arrest.