Can You Get a Jury Trial for Your DUI Case?

If you get charged with a DWI, your options usually involve taking a plea deal or going to trial. Does that mean you have the right to a jury to hear your case?

The Sixth Amendment of the U.S. Constitution guarantees that criminal defendants have the right to a jury trial. Does this apply to DWI defendants too, including those charged with Aggravated DWI in New York?

There are many ways a DWI case can move forward toward resolution in New York. Many cases get resolved through a plea agreement, maybe for a lesser offense or lesser penalties.

The only way to know the best option for you is to speak to a New York DWI lawyer about the specifics of your case. The outcome of your DWI case depends on the unique facts of your situation.

If you’re facing a DWI charge in New York, it’s important to understand your options, including the possibility of a jury trial. You deserve an experienced and compassionate New York DWI lawyer to guide you through the legal process. Rachel Kugel has years of experience handling DWI cases and is dedicated to protecting the rights of those charged with DWI. Contact The Kugel Law Firm at (212) 372-7218 for a free consultation. We provide quality guidance and tailored representation aimed at securing the best possible outcome for your case. 

You Can Get a DWI Jury Trial in New York

In New York, you have the right to trial by jury if you’re facing DWI charges. This is because DWI is a criminal charge in New York.

Due process is a constitutional requirement in the U.S. The government cannot deprive you of “life, liberty, or property without due process of law.” The more severe the criminal charges you face, the stronger due process rights you have to protect and defend yourself.

• In a NY misdemeanor DWI, you have the right to a jury trial with a maximum of 6 jurors.
• In a NY felony DWI, you have the right to a jury trial with a maximum of 12 jurors.

Misdemeanors carry serious consequences but felonies are even more severe. The fines are higher, the jail sentences are longer, and license revocations are more common. In New York, most first-time DWIs qualify as misdemeanors except for some circumstances in which the charge can be upgraded to a felony (for example you have a child in the car at the time of the DWI). Second and third offenses within ten years of a prior DWI qualify as felonies.

Key Differences Between Bench Trials and Jury Trials

Defendants facing a misdemeanor or felony DWI charge in New York typically have the option to choose between a bench trial and a jury trial, depending on the specific circumstances of the case. It is crucial to recognize the key differences between these two types of trials in order to make an informed decision.

A bench trial is held with only a judge overseeing the proceedings, without a jury. The judge serves as both the jury and the law interpreter. This type of trial is generally faster and less formal than a jury trial. One significant advantage is that the judge, being familiar with legal nuances, might better understand legal arguments. This can be particularly beneficial in cases where the law is complicated, or the evidence is highly technical.

On the other hand, a jury trial involves a group of peers, typically consisting of six or twelve members, depending on the case severity. The jury listens to the evidence presented and makes a decision based on the facts as they interpret them. The jury’s role is solely to determine guilt or innocence based on the evidence, while the judge handles legal rulings. Opting for a jury trial might be advantageous if public sentiment or understanding of societal norms plays a critical role in the judgment.

Choosing between a bench or jury trial in New York depends on various factors, including the specifics of the DWI case, the defendant’s confidence in a single judge versus a group of peers, and the strategy advised by legal counsel. Each option presents unique benefits and should be carefully evaluated based on the circumstances surrounding the charge.

Is a Jury Trial the Best Option for Your DWI Case?

Even if you have the option for a jury trial, you should consider whether that’s the best option for your unique case. You may benefit from taking another strategy or approach.

For one, trials can get expensive. A jury trial involves more steps than a simple bench trial where you argue your case directly to a judge. A jury trial will also take you longer because you must go through the jury selection and deliberation process.

Other points to consider when thinking of a jury trial for your DWI case:

• If the jury on your case is unable to reach a unanimous decision, your case may get declared a mistrial because of a “hung jury.” A mistrial means that your case essentially has no resolution. The prosecutor may decide to try you again, but not always. This could be a win for you or it could drag out your case even longer.
• Jurors don’t always follow the law or the rules, even after being instructed by a judge. A juror is much more likely to make decisions based on emotion than logic or legality. This may play to your advantage – but it may also have the opposite effect. For example, if your DWI involves severe injuries or behavior cast in an especially bad light, jurors may vote to convict even if the prosecution has some holes in their evidence.
• Judges are more predictable when it comes to deciding legal issues. A judge is much more likely to stick to the law rather than get swayed by emotions. So if you’ve got a strong legal argument for your case, a bench trial could be a better option.

A knowledgeable lawyer will be able to discuss with you the pros and cons of jury vs. non-jury trials and go over all of your options as the case proceeds. 

No two cases are the same, which is why your DWI case requires a custom-tailored approach based on the unique facts of your situation. The only way to know the best strategy moving forward for you is to talk to an experienced DWI lawyer who can help

Schedule a no-risk case consultation with our leading New York DWI attorneys at The Kugel Law Firm today. Reach out to us at (212) 372-7218 to speak with a dedicated attorney at our New York offices.

Considerations	Details
Cost and Time	Jury trials involve more steps, such as jury selection and deliberation, and are more expensive than bench trials.
Risk of Mistrial	A hung jury can result in a mistrial, leaving the case unresolved and potentially prolonging the process.
Juror Decision-Making	Jurors may be influenced by emotion rather than law, which can either help or harm your case.
Judge vs. Jury Predictability	Judges follow the law strictly, offering a predictable outcome if you have a strong legal argument.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/can-you-get-a-jury-trial-for-your-dui-case/