Frisco DWI Lawyer & Attorney Blog
Trial
If you have decided to plea "not guilty," you will have a trial for the finder of fact to determine whether or not you are guilty beyond a reasonable doubt. The finder of fact with either be a jury or a judge. In general, almost all of my trials are held before a jury.
The jury trial will start with vior dire. This is jury selection. It is the attorney’s opportunity to talk with the potential juries about their thoughts and beliefs. In a misdemeanor DWI cases, the judge brings in about 25 people. From them, 6 jurors will be selected to sit on your case.
After opening statements, the state will put on their case. They may call as many witnesses as they wish, but in general will only have a few. Any officers on the scene, anyone working the breath test machine, any possible witnesses to your driving, and possibly the "Technical Supervisor" of the breath test machine.
After the state’s case, we may or may not call any witnesses. You will have the opportunity to testify if you wish, but do not need to do so. If you do not testify, the jury will be instructed not to hold that fact against you in your case.