In most DUI cases the person charged does not go to trial. This is the simple truth. Although there are no statistics provided by the court system it is fair to say that on average fewer than 1 DUI charged ends up going to a jury trial (private defense attorneys probably have a higher percentage of trials, but these are simply generalisations for the purpose of this article). However, there are some cases that lend themselves to the possibility of trial more than others. These cases include DUIs when the person charged "refuses" the breath test and there are field sobriety tests and also in cases where the breath test has been "suppressed" (thrown out) and there are field sobriety tests.
If the prosecuting attorney has not been willing to give an acceptable offer then the question is whether the case is worthy of a trial or not. There is no simple answer to this question unfortunately. Every case is different and many factors must be weighed in deciding whether a trial is worth the risk or not. Factors to consider are cost (do you want to spend more money on attorney fees for trial), are you willing to risk the possibility of a higher sentence (more jail) if convicted, were there passengers in your vehicle (possibly leading to more jail if convicted), was there an accident (again, increasing the chance of more jail if convicted), how well did you do on the field sobriety tests, are there any medical reasons for your appearance of intoxication, how good (experienced) is your attorney in trial, how well will the Officer testify, and how well will you testify in trial. The list goes on but these are very real questions to consider when contemplating trial. Most important is taking the time to talk about trial with your attorney and weighing the risks versus the benefits.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
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