You have the right to a jury trial, but this is a right that you can waive. A DUI defense lawyer will normally counsel you to assert this right to a trial though. Usually speaking, they are right to do so. But it is important to understand why, because a DUI case can be technical and complex, and you would need to be aware of the few instances when you would actually want to waive a jury trial. Read on to better understand your options.

First of all, there are several things to be aware of when you ask for a trial before a jury. If you ask for this right, the state is probably going to appoint a more skilled or experienced prosecutor to try to convict you; conversely, if you seek to bring your case before a judge only, the state may be content to put up an average prosecutor against you. Something else to bear in mind is the cost. A jury trial is usually the longer lasting option. Just be aware that this could mean more in legal fees.

If you have ever gotten jury duty summons before, then you know how the people on that jury will be feeling. It is not exactly something that people are thrilled to do. And in a DUI case, you are probably looking at 6 to 12 people who drive, who may have a low tolerance for people fighting a reckless driving or DUI charge, that is, they may be somewhat biased against you already.

Of course, that may not be fair to assume, and there are many strong reasons to pursue a jury trial. One of these is that as drivers themselves, this could instead mean that they will be more sympathetic, perhaps even more than a judge would. With a strong case on your side, a jury may be more lenient than a judge. This could really be the case if you are looking at severe penalties, such as horrifically expensive car insurance or even a revoked driver's license. It may be worth it to take the calculated risk that a jury will go for a softer sentence than would seasoned and case-weary judge.

A jury trial means a lot of time and money for a court too, for a judges, prosecutor, and law enforcement. For efficiency's sake, a court may want to settle the case before ever having to head to trial. In some states, you can get a plea bargain, perhaps reducing your charge in doing so. While this would mean pleading guilty to a charge, this could mean that instead of pleading guilty to a DUI or DWI, you could plead guilty to a wet reckless charge, for example. Or this could mean getting a lighter sentence. Your lawyer can tell you if a guilty plea is a beneficial option for you, or if it is even available in your state (if you have any pending immigration cases, however, be aware that a guilty plea is almost never a good idea).

Some cases are very technical, however, in which instance you may want to present your case to a judge who is familiar with these complex facets of the law, as opposed to a jury who may not be able to benefit from a crash course on the matter. Your lawyer can tell you if going before a judge is the safer bet.

An experienced DUI attorney can advise you on your rights, and he or she can scrutinize your case to determine what you best options are in defending against all your charges. Get a legal expert on your side as soon as possible! Call a DUI lawyer today!