In a way, a contested preliminary hearing can be a preview of what the real trial may be like. The prosecution makes arguments that prove the defendant was indeed driving while under the influence or that the police did not violate the defendant’s constitutional rights during the arrest process, while the defense makes arguments proving otherwise. Witnesses may be called to the stand, and may be cross-examined for questioning on various legal issues generally raised by the defense.
Any evidence such as field sobriety test results and chemical test results may also be introduced to the court. Prosecutors do not generally present their entire case, but instead present just enough evidence to convince the judge that there is probable cause for the defendant to go to trial.
During a preliminary hearing, the judge listens closely to the arguments of both the defendant and the prosecution’s attorney. The prosecution will attempt to convince the judge that there is probable cause to make the accused stand trial before a jury. It is the defense attorney’s role, on the other hand, to expose any weaknesses in the prosecution’s claims and convince the judge or jury that there is no reason to proceed to trial and that the case should be dismissed.
There is usually one of three outcomes in a preliminary hearing: the DWI defendant goes to trial, the case is resolved through plea negotiations, or the judge dismisses the case because of a lack of evidence or some other relevant legal issue that was raised. . The third outcome, however, is more rare.
In any criminal case, including DWI, it’s always best practice to consult with an experienced criminal defense attorney.