What Are My Trial Rights in a DUI/DWAI Trial?


Police and prosecutors serve a very important role in our justice system, but unfortunately, it is their job to put you in jail, and they are very good at it. This is why it is so important for you as an alleged DUI/DWAI driver to understand exactly what your rights are in a DUI/DWAI trial. Far too often defendants do not fully understand their rights, and this can lead to self-implication, longer jail sentences and higher fines.

We don’t want that! It is our job to minimize your sentence, so below we’ve listed your most important rights.

  1. You are presumed innocent of the charges against you. Until the prosecution presents evidence proving you guilty beyond any reasonable doubt, the presumption of innocence will stand.
  2. You have the right to remain silent at trial or to testify as your own defense. Your silence cannot be used against you.
  3. You have the right to be represented by an attorney throughout all proceedings relating to your trial.
  4. If you cannot afford an attorney, the court can appoint you one.
  5. You have the right to enter a plea of not guilty and have a trial to the court or to a jury of six within six months.
  6. During your trial, you have the right to confront witnesses called against you and to cross-examine those witnesses.
  7. You have the right to present evidence in your defense and to compel the attendance of witnesses through subpoenas.
  8. After the end of the trial, you have the right to appeal to a higher court.

In the heat of a trial or an arrest, though, it is easy to forget one or more of your fundamental rights. For that reason, it is best to have someone at your side who knows your rights and can protect them. Our attorney Jake Johnson is a former District Attorney and is familiar with both prosecution and defense. Meet him in the video below:

DUI Matters – Denver Drunk Driving Lawyers

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