The California DUI Trial
Thomas V. Wallin

DUI Trial
Your Future at Stake
While most California DUI cases settle before going to trial, those that actually require courtroom presence demand a strong defense.  Thomas Wallin, an experienced California DUI Attorney who handles many San Bernardino arrests for drunk driving and related criminal DUI charges, leaves no stone unturned when it comes to defending your rights. 

The California DUI Trial process is both complicated and lengthy; the more you understand, the more your case will benefit.  When settlement is not an option, a Jury Trial date will be scheduled at the discretion of the Court.  Pretrial Motions will be underway with the purpose of challenging the admissibility of the prosecution’s evidence against you. 

Pretrial Motions
Contesting the Prosecutor’s Evidence
Examples of evidence presented by the prosecutor that may be contested include:

• The lawfulness of the actual stop;
• The necessity of the administration of alcohol tests, such as:
• Field Sobriety Test (FST)
• Breath Test
• Blood Test
• The appropriateness of statements and facts

In certain cases, the San Bernardino Court will dismiss entirely or offer a favorable plea bargain resolution of your charges, when an effective defense has been presented by a qualified California DUI attorney, such as Thomas Wallin.

San Bernardino Trial Process
Typically lasting from four to ten days, trial begins with the jury selection process.  Twelve unbiased persons are chosen, with two alternates, to unanimously agree on your verdict.  A guilty verdict must be decided upon, “beyond a reasonable doubt”.   Mistrials occur when one or more jurors are uncertain about your verdict which prevents a unanimous vote for your innocence or guilt. 

• Opening Statements – Marking the beginning of the San Bernardino or California trial, opening statements are remarks made by the prosecutor first and then by the DUI defense counsel, such as Thomas Wallin.  These statements are meant to “set the stage” for what each side of the case will argue.
  
• Witness Testimony – Individual witnesses are called to the stand to testify on or against your behalf.  Depending on the witness, the purpose is to strengthen the case in favor of your innocence or guilt.
  
• California Burden of Proof – As the burden of proving your guilt rests with the California District Attorney (or San Bernardino D.A.), witnesses, such as the arresting police officer, alcohol test administrator, and the state’s forensic toxicologist will be called to the stand.
  
• Cross Examination  - The opportunity to question the arresting San Bernardino or California police officer and other witnesses is given to your DUI defense attorney, Thomas Wallin.  At this time, Mr. Wallin will aggressively argue to weaken or discredit the prosecuting witnesses’ claims.
  
• Defense Testimony – Calling to the stand witnesses on your behalf, such as passengers in the vehicle you were driving, our own expert forensic toxicologist, and additional persons not previously called to testify, the defense testimony is a crucial time in the overall DUI trial process.
  
• Closing Arguments – Now that the jury has heard all testimonials, the closing arguments are used to sum up the case.  Both sides present their final word to the judge and jury, in anticipation of a just verdict.

When DUI charges result in California criminal trial proceedings, you need sharp and strong attorney representation, such as Thomas Wallin.  Your case will be handled aggressively and thoroughly to ensure the most beneficial outcome possible.  For San Bernardino drunk driving and DUI arrests,
contact the offices of Thomas Wallin directly or fill out our online DUI form to begin the representation process.