Every person accused of a crime that carries potential jail time has a Constitutional right to a jury trial, where 12 citizens are selected from the community to listen to the evidence, be instructed on the applicable law, and render a verdict by applying the facts to the law. A jury trial generally lasts about a week or so, depending upon which courthouse your case is assigned to. A jury trial in a DUI case is like any other criminal case. It begins with jury selection, and proceeds through opening statements, examination and cross-examination of each of the witnesses, closing arguments, jury instructions, deliberations, and verdict.

If you are charged with a violation of Vehicle Code Section 23152 (b), driving with a blood or breath alcohol level of .08% or higher, and if you are acquitted of that charge (meaning that all 12 jurors agree you are not guilty of the charge), then the DMV case is automatically set aside. This is the only thing that can happen in court that will impact the DMV Hearing.