If you have been charged with a DUI in Tucson, you may be wondering whether you can demand a jury trial for a DUI or if your case will be decided by a judge alone. At AZ DUI Pros, we help clients navigate Arizona’s DUI laws and fight for their rights in court. Whether you’re facing a misdemeanor or felony DUI charge, understanding the legal process—including your right to a jury trial for a DUI—is essential.
Our team at AZ DUI Pros is ready to defend you. Call us today at (602) 922-3755 for a free consultation.
The Right to a Jury Trial for a DUI in Tucson
Under Arizona law, DUI cases are typically classified as misdemeanors or felonies, and this classification affects your right to a jury trial for a DUI. Arizona Revised Statutes § 28-1381 governs DUI offenses, outlining the penalties and legal proceedings associated with DUI charges.
For a misdemeanor DUI, the right to a jury trial for a DUI is not automatic, but you can request one. However, if you are charged with an aggravated DUI (a felony), you are entitled to a jury trial as a matter of right. Knowing whether you qualify for a jury trial for a DUI is crucial to determining your best defense strategy.
Misdemeanor vs. Felony DUI and Your Right to a Jury Trial
Misdemeanor DUI Cases
Most DUI charges in Arizona are misdemeanors. These include:
- Standard DUI (BAC of 0.08% or higher)
- Extreme DUI (BAC of 0.15% or higher)
- Super Extreme DUI (BAC of 0.20% or higher)
For these offenses, your case is typically heard in city or municipal court, where a judge, rather than a jury, presides over the trial. However, you can request a jury trial for a DUI, and an experienced attorney can help you file this request.
Felony DUI Cases
If your DUI charge is classified as a felony—such as an aggravated DUI under A.R.S. § 28-1383—you are automatically entitled to a jury trial for a DUI. Felony DUIs are typically heard in Superior Court, where a panel of jurors decides your guilt or innocence.
Why Would You Want a Jury Trial for a DUI?
There are several reasons why a defendant might prefer a jury trial for a DUI instead of a bench trial:
- Juries Can Be More Sympathetic – A jury may be more receptive to certain defenses than a judge who hears DUI cases regularly.
- Burden of Proof is Higher – Prosecutors must convince all jurors of guilt beyond a reasonable doubt, which can be more challenging.
- More Defense Strategies – An attorney can use jury selection to eliminate biased jurors and present a compelling case.
If you are unsure whether to request a jury trial for a DUI, AZ DUI Pros can guide you. Call (602) 922-3755 to discuss your options.
The Differences Between Bench Trials and Jury Trials for DUIs
If you are facing DUI charges in Tucson, you may have the option to choose between a bench trial and a jury trial for a DUI. While both types of trials serve the same purpose—to determine whether you are guilty or not guilty—the way they operate can be very different.
What Is a Bench Trial?
A bench trial is a trial where the judge alone makes the final decision. There is no jury involved, and the judge acts as both the fact-finder and the interpreter of the law.
Pros of a Bench Trial:
- Faster process – Since there is no jury selection, a bench trial typically moves more quickly.
- More predictable rulings – Judges follow legal precedent and are less influenced by emotions.
- Lower costs – Jury trials require more legal resources, making bench trials less expensive.
Cons of a Bench Trial:
- Judge bias – Judges hear DUI cases frequently and may be less sympathetic to certain defenses.
- Limited perspectives – Only one person is deciding the case, which can be a disadvantage if the evidence is subjective.
What Is a Jury Trial?
A jury trial for a DUI involves a group of citizens (usually six to twelve jurors) who listen to the evidence, deliberate, and deliver a verdict. The judge still oversees the trial, but the jury ultimately decides whether the defendant is guilty or not guilty.
Pros of a Jury Trial:
- Multiple perspectives – A jury consists of several individuals, increasing the likelihood of a fair decision.
- Greater chance of reasonable doubt – If even one juror is unconvinced, the defendant cannot be convicted.
- Opportunity for emotional appeal – Some defenses may resonate more with jurors than with a judge.
Cons of a Jury Trial:
- Longer trial process – Jury selection, deliberation, and trial procedures take more time.
- More expensive – Jury trials often involve additional legal fees and expert witness costs.
- Unpredictability – Juries are made up of individuals with different opinions and biases, making outcomes less predictable.
Which One Is Right for You?
Choosing between a bench trial and a jury trial for a DUI depends on the specifics of your case. If your case relies on technical legal arguments, a bench trial may be better. However, if there is room for reasonable doubt or jurors may be sympathetic to your defense, a jury trial for a DUI could be the stronger option.
Hypothetical Scenarios: Requesting a Jury Trial for a DUI
Scenario 1: First-Time DUI Offender in Tucson
David, a Tucson resident, is arrested for a first-time DUI after being pulled over for erratic driving. His BAC is 0.09%, just above the legal limit, and he is charged under A.R.S. § 28-1381. Since his case is a misdemeanor, it is scheduled for a bench trial before a judge.
David’s attorney advises him to request a jury trial for a DUI because there are weaknesses in the prosecution’s case. The breathalyzer used during his arrest had been flagged for calibration issues in the past, raising doubts about its accuracy. By opting for a jury trial for a DUI, David increases his chances of having at least one juror question the evidence, potentially leading to a not guilty verdict.
Scenario 2: Aggravated DUI Charge with Prior Convictions
Maria has two prior DUI convictions and is arrested again, making her charge an aggravated DUI under A.R.S. § 28-1383. Because this is a felony charge, Maria is automatically entitled to a jury trial for a DUI.
Her attorney believes a jury trial is beneficial because the prosecution’s case relies on circumstantial evidence. Although Maria’s BAC was 0.14%, the police failed to conduct proper field sobriety tests. Her defense team presents evidence that Maria’s slurred speech and unsteady gait were due to a medical condition, not intoxication. By presenting these arguments to a jury, Maria has a stronger chance of an acquittal or reduced charges.
FAQs About Jury Trials for DUI in Tucson
1. Can I demand a jury trial for a DUI if it’s my first offense?
Yes, but it is not automatic. You must request a jury trial for a DUI in misdemeanor cases.
2. Do I have a right to a jury trial for a felony DUI?
Yes, felony DUI cases automatically qualify for a jury trial for a DUI under Arizona law.
3. Will a jury trial make my DUI case take longer?
Yes, jury trials often take longer than bench trials because of jury selection, pre-trial motions, and additional procedural requirements.
4. Is a jury trial always the best option for a DUI case?
Not necessarily. An attorney can evaluate your case and determine whether a jury trial for a DUI is in your best interest.
5. How can AZ DUI Pros help with my DUI case?
At AZ DUI Pros, we evaluate your case, determine your eligibility for a jury trial for a DUI, and build a strong defense. Call (602) 922-3755 for a free consultation.
Relevant Arizona DUI Statutes
- A.R.S. § 28-1381 – Defines DUI offenses and penalties in Arizona.
- A.R.S. § 28-1382 – Outlines penalties for extreme DUI (BAC 0.15%+).
- A.R.S. § 28-1383 – Covers aggravated DUI (felony DUI).
Understanding these statutes can help you determine whether to request a jury trial for a DUI in Tucson.
Conclusion: Protect Your Rights with AZ DUI Pros
If you are facing DUI charges in Tucson, you need an experienced legal team on your side. At AZ DUI Pros, we fight for our clients’ rights, including their right to a jury trial for a DUI. Whether you’re dealing with a misdemeanor or felony DUI, we provide aggressive defense strategies tailored to your case.
Call AZ DUI Pros today at (602) 922-3755 to schedule a free consultation. Don’t face your DUI charges alone—let us help you protect your future.
