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What Happens in Your DUI Trial

Because most first-time DUI arrestees have never been in court on criminal charges, they understandably are anxious, and scared. This article is intended to explain the procedure.

DUI is a Class 1 misdemeanor in Virginia (multiple prior charges can result in a felony charge, however). This is a crime that carries a maximum penalty of a year in jail and a substantial fine, plus loss of driving privileges for a year.

The initial appearance one makes in court following arrest is the arraignment. There, the General District Court judge (or, in the case of a juvenile, the J & DR Court judge), will advise the accused of the charge, the penalty upon conviction, and the right to have an attorney represent him -- including the appointment of an attorney if the accused cannot afford to hire his own and qualifies financially for court-appointed counsel. The judge will then set a trial date, or a date for the defendant to report back to the court the identity of his attorney.

Virginia misdemeanor DUI trials are conducted in General District Court for adults, and in Juvenile & Domestic relations District Court for juveniles. If the DUI is a felony, the preliminary hearing will be in General District Court, and if the charge is certified, trial will be held in Circuit Court.

No juries are permitted in either the General District or Juvenile courts, so the presiding judge will determine guilt or innocence based upon the evidence presented. All constitutional rights apply, and all the rules of evidence are in effect, even though these are not "courts of record." If convicted, the defendant has an automatic right of appeal to the circuit court. If the appeal right is exercised, the decision of the lower court is effectively null and void, and the trial in circuit court proceeds as though the earlier trial had never occurred. In circuit court, the accused can request trial by jury.

Because the Commonwealth has the burden of proof it bears the burden of providing evidence necessary to convict, which is: that the defendant was operating a motor vehicle, and that time he was either impaired by alcohol or drugs -- or had a Blood Alcohol Concentration of 0.08 or higher.

The presentation of evidence is generally begun by the arresting officer who reports the basis for the stop. His evidence in this regard must reach a minimal level of "articulable suspicion." If it does not meet that standard, the stop is illegal.

If the stop is valid, the officer will then testify as to what he observed, heard or smelled, and what the defendant said in response to questions posed. If Field Sobriety Tests were conducted, he will testify as to how the defendant performed. If a test of the defendant's breath or blood was taken, then the results will be tendered -- subject to any objection defense counsel may make.

The defendant need not offer any evidence, but may.

After hearing all of the evidence, and motions that the defense attorney make make at the conclusion of the evidence presentation, the judge will make his ruling on guilt or innocese. If he finds the defendant guilty, the judge will also impose sentence.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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