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• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
  • Selecting a Jury
  • Opening Statements
  • Arresting Officer
  • Prosecution Expert
  • Defense Experts
  • Defendant's Testimony
  • Closing Argument
  • Jury Instructions
  • Jury Deliberations
  • Jury Verdict
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Jury Deliberations

Once both sides have made closing arguments in a California criminal DUI trial and the judge has given the jury instructions, jurors are sent outside the courtroom to deliberate the criminal case.

The jurors will select a foreperson who oversees the deliberation process. They weigh all of the evidence presented throughout the trial. They decide which facts to consider, which to discount, and decide how much weight to give to each piece of evidence.

Jurors in a criminal trial are required to follow the jury instructions given to them by the judge. If the jury have any questions, the foreperson can send a note to the judge. Jury panel are also permitted to see physical evidence if they wish.

Once the jurors have deliberated for a period of time, they will take a vote. If all agree, they have reached a verdict. If they do not agree, additional deliberations will follow. When the jury reaches a verdict, the bailiff is notified, and the jury returns to the courtroom.

If all jurors agree on the defendant's culpability, a guilty verdict is given. If all jurors agree on the defendant's innocence, an acquittal, or verdict of not guilty, is returned.

If jurors cannot agree on a verdict, there is a "hung" jury. Although it may not seem that way, this is considered a victory for the defense. Many California DUI cases are dismissed after a "hung" jury. If the case is not dismissed, the prosecution may offer a generous plea bargain. Although the case can be retried, the prosecutor rarely will want to do so.

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