If you are facing a DUI charge in New Hampshire, it is important to know what to expect during the trial process. Understanding the steps involved can help you prepare mentally for what lies ahead. DUI trials can be intimidating, but knowing the different phases and what happens in court can make the situation more manageable. A DUI trial is a process that determines whether a person accused of driving under the influence is guilty or not. Each part of the trial serves a specific purpose, and both the defense and the prosecution present their side of the case. This trial gives the defendant a fair chance to present their defense and challenge the prosecution’s evidence. In New Hampshire, like in many other states, the court takes DUI cases seriously, and a trial can significantly impact the outcome of the charges. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding the Charges
Before the trial even begins, it is important to understand the charges you are facing. In New Hampshire, a DUI charge means that you are accused of operating a vehicle under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08% for drivers who are 21 or older. For those under 21, the limit is much lower at 0.02%. If you are found to be operating a vehicle with a BAC above these limits or under the influence of drugs, you can be charged with DUI. This can lead to penalties like fines, license suspension, and possibly jail time, depending on the severity of the case and if it is a repeat offense.
The Pre-Trial Stage
The first part of the DUI trial process is the pre-trial stage. Before your case goes to trial, there are a series of pre-trial hearings. During this time, both the defense and prosecution gather evidence, file motions, and negotiate any possible plea deals. Your lawyer may file motions to suppress evidence if there is any question about whether the evidence was obtained legally. For example, if a breathalyzer test was improperly administered, your attorney might challenge its validity. Additionally, your lawyer may attempt to negotiate with the prosecution for a lesser charge or reduced penalties if it makes sense for your case. While it is always up to the defendant to decide whether to accept a plea deal or proceed to trial, the pre-trial stage often involves discussions about possible resolutions without the need for a full trial.
Jury Selection
If your case proceeds to trial, the first step is selecting a jury. In a DUI trial, a jury is made up of members of the community who will hear the evidence and decide whether you are guilty or not guilty. The selection process involves both the defense and prosecution asking potential jurors questions to determine if they can be impartial. Jurors who have strong opinions about DUI cases, personal experiences, or biases that could affect their ability to judge the case fairly may be dismissed. The goal is to create a fair and unbiased jury that will decide the case based solely on the evidence presented during the trial.
Opening Statements
Once the jury is selected, the trial officially begins with opening statements. During this part of the trial, both the defense and the prosecution present an overview of their case to the jury. The prosecution will explain why they believe you are guilty and outline the evidence they will present to prove this. The defense, on the other hand, will explain why they believe you are not guilty and discuss the weaknesses in the prosecution’s case. These statements are not evidence but serve to give the jury an understanding of what to expect during the trial.
The Prosecution’s Case
After the opening statements, the prosecution begins presenting its case. This is where the prosecution introduces evidence and calls witnesses to testify. In a DUI trial, this might include police officers who were at the scene, witnesses who saw you driving, and specialists who can explain how alcohol or drugs affect a person’s ability to drive. The prosecution may also present evidence such as the results of a breathalyzer test, blood test, or field sobriety test. Their goal is to prove that you were under the influence while operating a vehicle and that this impaired your ability to drive safely. The defense will have the opportunity to cross-examine the prosecution’s witnesses and challenge the validity of the evidence presented. For example, your lawyer may question the accuracy of the breathalyzer test or the way the police conducted the traffic stop.
The Defense’s Case
After the prosecution has finished presenting its case, the defense has the opportunity to present its side. The defense may call witnesses to testify on your behalf or introduce evidence that supports your innocence. In some cases, the defense may challenge the reliability of the tests used to determine your BAC or argue that the police did not have reasonable suspicion to stop you in the first place. The defense can also bring in specialists who may testify about possible flaws in the way the tests were conducted or provide alternative explanations for your behavior during the traffic stop. Additionally, the defense might present evidence that suggests other factors contributed to your driving behavior, such as medical conditions, fatigue, or other non-alcohol-related issues. Throughout the defense’s case, the prosecution can cross-examine witnesses and challenge the evidence presented.
Closing Arguments
Once both sides have presented their case, the trial moves to closing arguments. During this phase, both the prosecution and defense summarize their case for the jury. The prosecution will argue why the evidence proves you are guilty, while the defense will explain why the evidence is not strong enough to convict you. Like the opening statements, the closing arguments are not evidence but give both sides a final chance to persuade the jury. The defense may focus on highlighting inconsistencies in the prosecution’s case, the unreliability of certain evidence, or the possibility that reasonable doubt exists.
Jury Deliberation and Verdict
After closing arguments, the jury is instructed by the judge on the legal standards they must follow to reach a verdict. The jury then deliberates in private, discussing the evidence and deciding whether you are guilty or not guilty. The length of time it takes for a jury to reach a verdict can vary depending on the complexity of the case and how quickly the jurors agree. If the jury finds you not guilty, the charges are dismissed, and the case is over. If you are found guilty, the court will schedule a sentencing hearing, where the penalties for the conviction will be determined. In some cases, if the jury cannot agree on a verdict, the judge may declare a mistrial, meaning the case could be retried at a later date.
Sentencing
If you are found guilty of DUI in New Hampshire, the next step is sentencing. During the sentencing hearing, the judge will determine the penalties you will face. These penalties can vary based on factors such as whether this is your first offense, your BAC level, and whether anyone was injured as a result of your actions. Possible penalties for a DUI conviction in New Hampshire include fines, jail time, license suspension, mandatory alcohol education programs, and the installation of an ignition interlock device on your vehicle. The judge may also consider any mitigating factors presented by your lawyer during sentencing, such as your willingness to attend alcohol treatment programs or other efforts to demonstrate responsibility.
Appeals Process
If you are convicted of DUI and believe that there was an error during the trial or sentencing, you have the right to appeal the decision. The appeals process allows you to challenge the outcome of your case in a higher court. Your lawyer can advise you on whether you have grounds for an appeal, such as if there was a legal mistake during the trial or if your constitutional rights were violated. The appeals court will review the trial’s proceedings and decide whether to uphold the conviction, order a new trial, or possibly reduce the sentence.
Facing a DUI charge in New Hampshire can be a stressful and overwhelming experience, but understanding the trial process can help you better prepare for what lies ahead. Whether it is navigating pre-trial negotiations, presenting your case in court, or challenging evidence, having a clear picture of each step can make a significant difference. If you or a loved one is facing DUI charges, it is important to seek guidance from a knowledgeable attorney who can help protect your rights and guide you through the legal process.
At Tenn And Tenn, PA, our experienced DUI defense attorneys are committed to providing personalized legal representation to individuals facing DUI charges. We understand the serious consequences that come with a conviction and will work tirelessly to ensure your case is handled with the attention it deserves. Contact Tenn And Tenn, PA today for a free consultation to discuss your case and learn how we can help defend your rights in court.