Understanding DUI Trial in Arizona

Jury Are Judges of the Evidence

 You are the exclusive judges of the evidence in this case. The word “evidence,” as used in these instructions, means the testimony of witnesses, writings, a material object, or other things presented to the senses that are offered to prove the existence or non-existence of a fact.

From the evidence presented to you in a jury trial and the reasonable inferences to be drawn there, you must decide whether the state has proven the truth of the charge beyond a reasonable doubt.

Your verdict must be based upon the evidence presented in court, not upon theories unsupported by evidence in the case, speculation, or guesswork. In deciding this case, you are not to be swayed by mere sentiment, sympathy, passion, prejudice, public opinion, or public feeling.

Race, color, religion, national ancestry, gender, or sexual orientation should not influence you. Your verdict should not be affected by passion against the defendant or by sympathy for the defendant but should be fair, impartial, and based on the facts of the case.

Jury Are Judges of the Credibility of Witnesses

In deciding the facts of a felony DUI case, you should consider what testimony to accept and what to reject. You may believe everything a witness says, or only part of it, or none of it.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this world that we know with absolute certainty, and, in a criminal case, the law does not require proof that overcomes every doubt.

If based on your consideration of the evidence, you are firmly convinced the defendant is guilty of the crime, you must find the defendant guilty. If, on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and render a verdict of not guilty.

Direct and Circumstantial Evidence

Evidence can be divided into “direct” and “circumstantial” evidence. Direct evidence is the testimony of a witness that saw an event. Circumstantial evidence is the proof of a fact from which the existence of another fact may be inferred. You must determine the weight to be given to all the evidence without regard to whether it is direct or circumstantial.

Both direct and circumstantial evidence are acceptable types of evidence to base your decision on, and either one may be used to prove any fact. The law makes no distinction between the two types of evidence.

It is for you to determine how much weight to give to the direct and circumstantial evidence. The law does not say that one type of evidence is more important than the other.

Duty To Deliberate

The verdict must represent the considered judgment of each juror. To return a verdict, each juror must agree to that verdict. In other words, your verdict must be unanimous.

It is your duty, as jurors, to consult with one another and to deliberate to reach a plea agreement if you can do so without violence to individual judgment. Each of you must decide the case for yourself but only after an impartial consideration of the evidence with your fellow jurors.

In the course of your deliberations, do not hesitate to reexamine your views and change your opinion if convinced it is erroneous, but do not surrender your honest determination as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.

You are not partisans. You are judges, judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case.

Defendant Need Not Testify

The defendant is not required to testify. The decision on whether to testify is left to the defendant acting with the advice of a DUI lawyer. You must not let this choice affect your deliberations in any way. You must not conclude that the defendant is likely guilty because the defendant did not testify.

Evidence to Be Considered

You are to determine the facts in the case from the evidence produced in court. If an objection to a question was sustained, you must disregard the question, and you must not guess what the answer to the question might have been.

If an exhibit was offered into evidence and an objection to it was sustained, you must not consider that exhibit as evidence. If the testimony was ordered stricken from the record, you must not consider that testimony for any purpose.

Defendant Need Not Produce Evidence

The state must prove guilt beyond a reasonable doubt based on the evidence. The defendant is not required to produce evidence of any kind. The defendant’s decision not to produce any evidence is not evidence of guilt.

Lawyers’ Comments Are Not Evidence

In their opening statements and closing arguments, the lawyers have talked to you about the law and the evidence. What the lawyers say is not evidence, but it may help you to understand the law and the evidence.

Stipulations

The lawyers are permitted to stipulate that certain facts exist. This means that both sides agree those facts exist and are part of the evidence. You are to treat a stipulation as any other evidence. You are free to accept or reject it, in whole or part, just as any other evidence.

Closing Instruction

The case will be submitted to you for decision. When you go to the jury room, you will choose a Foreperson. This person will preside over your deliberations.

Why Hire a Phoenix DUI Lawyer?

DUI cases are complex, but Phoenix DUI lawyers know how the courts run inside and out. A criminal defense lawyer will help you negotiate a better plea deal for you. If you are facing a 2nd DUI in Arizona, the DUI prosecutor will typically be less lenient on you. Legal assistance from a criminal lawyer can potentially help lower your fines and penalties.

I suggest that you discuss and then set your deliberation schedule. You are in charge of your schedule and may set and vary it by agreement and the court’s approval. After you have decided on a schedule, please advise the bailiff.

You are to discuss the case and deliberate only when all jurors are together in the jury room. You are not to discuss the case with each other or anyone else during breaks or recesses. The admonition I have given you during the trial remains in effect when all of you are not in the jury room deliberating.

After setting your schedule, I suggest you review the written jury instructions and verdict form(s). It may be helpful for you to discuss the instructions and verdict form(s) to ensure you understand them. Again, during your deliberations, you must follow the instructions and refer to them to answer any questions about applicable law, procedure, and definitions.

Should any of you, or the jury as a whole, have a question for me during your deliberations or wish to communicate with me on any other matter, please write it down. Your question or message must be communicated to me in writing and signed by you or the Foreperson.

I will consider your question or note and consult with counsel before answering it in writing. I will respond to it as quickly as possible.

During your deliberations, you must not communicate with or provide any information to anyone by any means about this case.

You may not use any electronic device or media, such as a telephone, cell phone, smartphone, or computer; the Internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, website, or social media to communicate to anyone any information about this case or to conduct any research about this case until you are discharged.

Remember that you are not to tell anyone, including me, how you stand, numerically or otherwise, until after you have reached a verdict or have been discharged.

ARS §28-1381(A)(1)

Driving While Under the Influence

The crime of Driving While Under the Influence of Intoxicating Liquor, a violation of Section 28-1381(A)(1), Arizona Revised Statutes, requires the state to prove, beyond a reasonable doubt, that:

1. Defendant drove or was in actual physical control of a vehicle in Phoenix, Arizona;
2. The defendant was under the influence of intoxicating liquor at the time of driving or being in actual physical control of the vehicle;
3. The defendant was impaired to the slightest degree because of being under the influence of intoxicating liquor.

ARS §28-1381(A)(2)

Alcohol Concentration of .08 or More

The crime of having an alcohol concentration of .08 or more within two hours of driving, a violation of Section 28-1381(A)(2), Arizona Revised Statutes, requires the state to prove, beyond a reasonable doubt, that:

1. The Defendant drove a vehicle in Phoenix, Arizona; and
2. The Defendant had an alcohol concentration of .08 or more within two hours of driving; and
3. The alcohol concentration resulted from alcohol consumed before or while driving the vehicle.

Areas Served