Georgia DUI Jury Trial

A jury trial occurs in a DUI case when the prosecution (the state of Georgia) and a defendant cannot come to an agreement or settlement. Before a trial begins, a list of jurors will be reviewed by both the defense and the prosecution to ensure that the individuals selected are fair and unbiased.

During the jury selection process, a judge will ask the potential jurors questions regarding whether or not they can make a fair and impartial decision in this case. The prosecution and defense team will then have a chance to ask the jurors questions. Each attorney can excuse up to a certain amount of jurors until they are left with what everyone agrees upon is a fair jury panel.

Once the trial begins, the prosecution will make an opening statement to the jury and judge detailing the facts of the case. They will detail the evidence they intend to show the court, which proves that the person was DUI. The defense then has an opportunity to make an opening statement but may choose to let the prosecution finish before doing so. The defense attorney will inform jurors that they cannot reach a guilty verdict unless the prosecution can prove beyond a reasonable doubt that the defendant was in fact DUI.

Following the opening statements, the prosecution will call a witness to the stand. Typically the arresting officer begins by explaining the defendant’s driving patterns and behavior. They will also provide the jury with the driver’s BAC test results and explain the probable cause for the DUI arrest.

The defense then has a right to cross examine the officer. The attorney will present the defendant as a model citizen and will challenge the officer’s claims and motives for the arrest. The defense then has a chance to call an expert to the stand. This could be a toxicology expert that can explain to the jury why the BAC test results may not be accurate.

Each attorney will then make a closing argument as the last chance to win over the jury. The jurors will then deliberate and will deliver a verdict of guilty or not guilty.