Do I Have the Right to a Jury Trial for a DUI Charge?

In Oklahoma, people charged with DUI felonies and misdemeanors have the right to a jury trial. The number of jury members varies, however, depending on the charge. You should understand when you have the right to a jury and when you might want a bench trial (in front of only a judge) instead.

The Oklahoma Constitution states that the right to a trial by jury is “inviolate,” except in civil cases where the amount in controversy is $1,500 or less or in criminal cases with potential fines of $1,500 or less. Oklahoma Constitution, Section II-19. In criminal cases in which the defendant is charged with one or more felonies, the jury must have 12 members. The same is true for civil cases with amounts in controversy over $10,000. For misdemeanor cases, the jury only needs to have 6 members. Id.

Crucially, if any charges against the defendant permit 6 months or more of imprisonment as a sentence, the entire jury must agree on a verdict. If the potential sentence is less than 6 months, only three-quarters or 75% of jurors must agree. Id. Since the minimum possible imprisonment for a DUI misdemeanor is up to one year, jurors must unanimously agree on a verdict in DUI cases.

Defendants may waive the right to a jury trial; however, both the defense and the prosecution must agree to do so. Juries decide questions of fact, and judges decide questions of law. With no jury, the judge decides questions of both fact and law in a bench trial (so called because the verdict is decided from the judge’s bench instead of the jury box).

If you are thinking about waiving your right to a jury trial, ensure that you understand the consequences of doing so, and consult with your attorney. There is no one correct choice about which type of trial to choose. A lot can depend on the composition of the jury and the judge’s style. Sometimes, your attorney will be familiar with the judge’s previous rulings, which can help with the decision. Sometimes, trial before a jury of your peers may be more appealing to you or your attorney.

To learn more about jury trials for people charged with DUIs, seek out the local DUI attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, is familiar with the pros and cons of jury versus bench trials. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.