Are The Majority Of DUI Trials Jury Trials Or Bench Trials?


The majority of DUI trials are jury trials because in a jury trial 12 individuals must all agree to the verdict. Whereas, in a court trial or a judge trial, there is only the one individual who has to come up with that verdict. Therefore, it is much more advantageous for the defendant to have a jury trial versus a court trial. The reason one is going to want to have a court trial is when the legal decision needs to be made. In that case, you may want to have only the judge make that decision.

How Important Is It For Someone To Explore All Potential Outcomes In A DUI Trial?

The initial conversation between an attorney and his client occurs at the inception of the case. The next conversation may take place when an offer has been made by the prosecutor. The attorney needs to explain the different options and allow the client to evaluate those options. That same discussion may take place again before the case goes to trial, explaining what the different options are. It’s really a multiple layer discussion that needs to take place to explore all potential outcomes when deciding whether or not to take a case to trial.

What Are The Important Things To Know Prior To Going To Trial In A DUI Case?

The most important thing someone needs to understand before going to trial is what the strengths of their case is, and the reason that they need going to trial. Understanding what the options are and knowing the cost factors of going to trial are all critical parts of the decision-making process. The costs of trial are increased, and therefore, that has to be taken into consideration. It is the attorney’s obligation to make sure that not only does the client understand those options but that the attorney has explained them clearly and accurately.

Is There A Difference Between DUI Attorneys That Only Represent A Client As Opposed To The Ones That Actually Defend A Client?

You can sit in court and watch an attorney who charges $399 for a DUI case, plead 5, 6, 7, or 8 clients guilty in a row the first time that attorney steps into court. That’s what you get for $399. Those attorneys are going to step into court, not look at the defenses, may not even discuss the case with his or her client, and resolve the case with a blink of an eye. That is no way to truly represent someone.

Most clients unfortunately don’t understand that. Most assume that every attorney is going to do the exact same thing. They figure if they can hire an attorney for $399, he is going to do the same thing as an attorney who charges $5000, why shouldn’t they just hire an attorney who is going to charge less?

The difference is fighting the case, versus not fighting the case. It is a matter of whether the attorney is going to be holding the prosecution’s feet to the coals and making them prove the case or not requiring them to do anything at all. It’s the difference between having a case potentially dismissed and having a conviction on someone’s record for the next 10 years. It is the difference between feeling like they have someone fighting for them versus not even knowing who their attorney is. There is no comparison between a qualified expert DUI attorney and one who is nothing more than a mill turning out cases.

For more information on Jury Or Bench Trials In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 277-1707 today.

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Los Angeles Criminal Defense Attorney Disclaimer: The felony, misdemeanor, traffic, criminal defense, drunk driving, DUI, theft, drugs, three strikes law, juvenile law, or other legal criminal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ if based on different facts.