Legal Question in DUI Law in California
mistrial
If jurors convict on two of three charges, how soon does the court have to retry me before timed out? Also if they choose to retry do they have to declare mistrial on the whole case or just the charge that jury hung on.
1 Answer from Attorneys
Re: mistrial
If the jury was able to reach a verdict on any of the counts against you, they would stand. The court would only declare a mistrial on the count they were unable to reach a verdict on.
In a DUI case, the two main counts [23152(a) - driving under the influence and 23152(b) - driving with 0.08% blood alcohol level] merge for the purpose of sentencing, so if you were convicted of either one, the DA would not retry the count the jury was hung on.
This is something your attorney should have addressed at the time of the jury verdict. If they have not, it needs to be addressed before any sentencing.
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