CAN I GET A JURY TRIAL IF I’M CHARGED WITH A DUI?

August 30, 2021

Eligibility for a DUI jury trial depends on whether you’re charged with a misdemeanor DUI or a felony DUI in Nevada.  If you face misdemeanor DUI charges, you’re not entitled to a trial by jury.  

However, per a United States Supreme Court ruling (Blanton v. North Las Vegas) issued more than three decades ago, defendants charged with felony DUI’s are eligible for a jury trial.

If you’ve been arrested for a DUI, it’s in your best interest to consult with an experienced DUI attorney before deciding between a bench trial vs. a jury trial.

This article discusses:

  • Eligibility for a DUI jury trial
  • The differences between a bench trial and a Jury trial for DUI
  • The chances of winning a jury trial, and
  • How to win a DUI court case

Continue reading to learn more.

When Are You Entitled To A Jury Trial For A DUI?

Only defendants who face felony charges are eligible for a DUI trial by jury. In Nevada, you can be charged with a felony DUI offense for:

  1. A Third-DUI charge within seven years
  2. DUI-related crashes that cause serious injury or death

Otherwise, misdemeanor DUI charges (regardless of the potential penalties) are not eligible for a jury trial for DUI.

Bench Trial vs. Trial By Jury

A bench trial is heard and decided by a judge. A DUI jury trial involves 12 people randomly selected from the community to render a decision and recommend penalties (in some cases). Whether a bench trial or a jury trial is best for your case depends on the circumstances.

Overall, both options have advantages and disadvantages. For example, a judge’s in-depth understanding of the law can be a benefit in certain cases. In others, it could increase the likelihood of conviction.

Additionally, a jury can be screened for bias. However, you never know how the details of your case will affect a juror’s decision-making process. In contrast, a judge is a bit more predictable.

If you face felony DUI charges, it’s your Constitutional right pursuant to the Sixth Amendment to demand a jury trial for DUI.  However, it’s recommended that you consult with an attorney before making a final decision.

What Are The Chances Of Winning A DUI Jury Trial?

Generally, your chances of winning a jury trial for DUI depend on the circumstances of your case. Many defendants opt for a jury trial over a bench trial because:

  • It can be easier to persuade one out twelve jurors than it is to persuade a judge
  • If a mistrial is granted (in the case of a hanged jury), the prosecution is in a much weaker position and is more likely not to offer a fair plea bargain or stop prosecution efforts
  • Juries tend to be more sympathetic

While there are many reasons to choose a jury trial for DUI felony-level offenses, it’s not always the best option. For example, a jury trial may not be in your best interest if your case involves:

  • Emotionally charged elements (i.e., DUI crash causing a child’s death)
  • Complex legal matters
  • A prior criminal history that the jury may cast negative judgment upon
Can you get a trial by jury if charged with a DUI?

Are There Any Jury Trial Statistics?

There aren’t many readily available jury trial statistics. A major reason for the lack of data is that DUI cases rarely go to trial. The majority of DUI cases end in a plea agreement or case dismissal. Most defendants don’t want to risk the consequences of a conviction.

Currently, estimated conviction rates of crimes that go to trial surpass 95%. For that reason, it’s crucial to work with a DUI lawyer who is familiar with the prosecution and knows how to negotiate.

How To Win A DUI Court Case

Nevada prosecutes DUI offenses to the fullest extent of the law. Winning a DUI case often requires a skilled DUI attorney and an ironclad defense strategy. A few of the most commonly used defenses that result in reduced or dismissed charges include:

Pulled over the by police unlawfully
  • Unlawful police stop or other procedural errors committed by the police
  • Inaccurate breathalyzer tests due to lack of calibration, faulty equipment, etc.
  • Contaminated blood samples
  • Invalid field sobriety tests
  • High BAC levels were caused by mouthwash, diet, or other factors not related to alcohol consumption

The difference between a successful DUI defense strategy and an unsuccessful defense usually depends on the caliber of the DUI attorney you work with and the circumstances of your case.

Overall, DUI cases via a bench trial or jury trial present challenging issues and high-stake consequences if convicted. If you’ve been charged with a DUI, it’s in your best interest to work with a DUI attorney you can trust.

Author: Tony Abbatangelo, Esq.

Anthony “Tony” L. Abbatangelo Esq. is a smart, compassionate attorney that knows how to get results and is no stranger to the courtroom. Tony and his team are ready to assist you with your criminal and DUI defense.

Learn More about Tony