How long does it take to have an OUI trial?
It can take several months before a trial is held. An arraignment, dispositional conference, any motion hearing, and docket call is all held before a trial. On average it takes at least 6 months from the time of initial appearance in court until the trial is held, and often a longer period of time.
What happens at an OUI trial?
At trial the State, through the prosecutor, must prove the OUI charge beyond a reasonable doubt. Opening statements are given by each side and then the State calls their witnesses. In most OUI trials, the State’s only witness is the arresting officer, and the officer who administered the breath test. After each witness testifies for the State, the defense can cross-examine the witness. Once the State rests its case, the defense can call any witnesses, but is not required to call witnesses. After evidence is closed, both sides make closing arguments and the Judge instructs the jury on what the law is as it pertains to OUI. The jury then deliberates to reach a unanimous verdict.
Do I have to be present and testify at an OUI trial?
The defendant (person charged) has to be present at the trial, unless excused by the Court. A defendant cannot be called as a witness by the prosecutor or required to testify. If a defendant chooses to testify, he or she can be called as witness in the defense case, but are subject to cross-examination by the prosecutor. If a defendant chooses not to testify at trial that cannot be considered evidence against the person, or held against them by the jury or Judge.
Do I need a lawyer for an OUI trial?
Anyone charged with OUI, and taking a case to trial, should have a lawyer. OUI is a complicated area of the law. In order to assure your rights are protected throughout the process, and trial, you should obtain an OUI lawyer.
