Can (and Should) You Request a Jury Trial in Your DUI Case?

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If you are facing a DUI charge in Rock Hill, the decisions you make now could impact your life for years to come. This includes your decision of whether to request a jury trial in your case. With DUI charges carrying steep penalties (including possible jail time), and with DUI convictions not being eligible for expungement, you need to ensure that you are making informed and strategic decisions with your future in mind.

Does this mean you should request a jury trial in your DUI case?

The short answer is, “It depends.” While choosing a jury trial is a good option in some cases, it is not a good option in others. The best way to approach your case depends on the specific facts and circumstances involved. While it is important to choose wisely, it is also important to choose quickly—and, with this in mind, one of the most important steps you can take is to contact an experienced DUI attorney as soon as possible.

You Have the Right to a Jury Trial in Your South Carolina DUI Case

To be clear, you do have the right to request a jury trial in your DUI case. While some states do not allow jury trials in DUI cases, South Carolina does. As a result, while your case will automatically be scheduled for a “bench trial” (a trial before a judge), it is up to you to decide whether you want a trial by jury.

Should You Request a Jury Trial?

While the specific facts and circumstances of your case will determine whether it makes sense for you to request a jury trial, there are some overarching considerations to take into account. Jury trials and bench trials each have their own benefits (and drawbacks); and, ultimately, you will need to decide which option gives you the best chance of securing a favorable verdict.

Benefits of a Jury Trial

So, why might you want to consider a jury trial? Some of the primary benefits of choosing a jury trial for your DUI case include:

• Selecting the Jury – When you choose a jury trial for your DUI case, you (and your DUI attorney) get to play a key role in selecting the jurors who will decide whether you deserve to be convicted.
• Unanimous Verdict – While the decision of whether to convict is up to the judge in a bench trial, when you request a jury trial, the jurors must reach a unanimous verdict in order to convict you of driving under the influence.
• Sympathetic Jurors – The jurors you select to hear your case might be sympathetic to your situation, and this could make them less willing to render a guilty verdict.
• Motion for Acquittal – Before your case goes to the jury, you (or your DUI attorney) will be able to file a motion for acquittal. This is essentially a request for the judge to decide that the jury isn’t needed because the prosecution hasn’t presented enough evidence to warrant a conviction.
• Grounds for Appeal – Requesting a jury trial also provides additional grounds to file an appeal if necessary.

Benefits of a Bench Trial

Now, why might you want to stick with a bench trial instead of requesting a jury trial? In contrast to jury trials, the benefits of choosing a bench trial for your DUI case include:

• Intimate Knowledge of the Law – The judge presiding over your case will have intimate knowledge of South Carolina’s DUI laws and the constitutional principles that protect you, which means that he or she is less likely to erroneously render a verdict in the prosecution’s favor.
• Strict Application of the Law to the Facts – When deciding whether the prosecution has met its burden of proof, the judge will strictly apply the law to the facts at hand.
• No Irrelevant Facts or Assumptions – The judge will also have a clear understanding of which facts are not relevant to your case, and he or she is unlikely to make assumptions that result in an unwarranted conviction.
• Impartial Decision Maker – While jurors might be sympathetic to your situation, they might also feel very differently if you are being accused of putting others’ lives at risk. A judge will be an impartial decision-maker.
• Quicker and Less Costly – Bench trials are typically quicker than jury trials, which also means that there are typically fewer costs involved.

Alternatives to Requesting a Jury Trial

While requesting a jury trial is one option you have when facing a DUI charge in Rock Hill, it isn’t the only alternative to a bench trial in South Carolina. When deciding how to approach your DUI case, you will also want to consider the following alternatives:

Plea Bargaining

Plea bargaining allows you to avoid the life-altering consequences of a DUI conviction while also avoiding the costs (and inherent risks) of taking your case to trial. In most cases, if you accept a plea bargain in your DUI case, this will result in a conviction for reckless driving. Note that accepting a plea bargain is not the same thing as pleading “no contest.”

Pre-Trial Diversion

If you are a first-time offender, you may be eligible for pre-trial diversion. If you are eligible for pre-trial diversion, you can avoid facing any penalties and avoid having a conviction on your record. If you don’t have strong grounds to fight your DUI, this could be your best option.

Pre-Trial Dismissal

Before you accept a plea bargain or enter into a pre-trial diversion program, you should talk to your DUI attorney about seeking a pre-trial dismissal. If the police or prosecutors violated your constitutional rights, or if prosecutors don’t have the evidence they need to convict you, you may be able to avoid consequences without a bench trial or a jury trial.

Discuss Your Case with a Rock Hill DUI Attorney for Free

If you are facing a DUI charge in Rock Hill, our attorneys can help you choose the best approach to your defense, and we can help protect you by all means available. To learn more in a free and confidential consultation, call 803-328-8822 or request a free consultation online today.

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