When facing a DUI charge in South Carolina, you need to make several important decisions about your case. One of these decisions is whether to request a jury trial. While exercising your right to a jury trial has benefits, there are also benefits to having your case heard by a judge (referred to as a “bench trial”)—and the best option of all may be to avoid a trial altogether.

What do you need to know about requesting a jury trial in your South Carolina DUI case? North Charleston DUI defense lawyer Rad S. Deaton explains:

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

The first thing to know is that you do have the right to a jury trial in your South Carolina DUI case. The South Carolina Code of Laws makes this clear, stating in Section 56-5-2935:

“[A] person charged with a [DUI] who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with [DUI] shall enjoy the right to a speedy and public trial by an impartial jury . . . .”

Not only are you entitled to a jury trial, but you are also entitled to a “speedy” trial by an impartial jury. This means that honoring your request for a jury trial must not lead to unreasonable delays, and you (or your DUI defense lawyer) can—and should—participate in the jury selection process.

Regardless of whether you choose a jury trial or a bench trial, the same basic legal principles apply. The prosecution must prove your guilt beyond a reasonable doubt, which means that the factfinder (either the judge or jury) must be overwhelmingly convinced that you were driving under the influence when you got arrested.

What Are the Benefits of a Jury Trial?

So, why might you consider requesting a jury trial in your South Carolina DUI case? Having your case heard by a jury of your peers can have several benefits. However, as discussed below, there are often benefits to choosing a bench trial as well. Some of the reasons why you might want to request a jury trial include:

  • You have the right to participate in the jury selection process
  • The members of the jury must reach a unanimous verdict in order to convict you of DUI
  • Members of the jury may be more sympathetic to your situation than a magistrate judge
  • Before the jury deliberates, you can file a motion for acquittal—asking the judge to find that there is insufficient evidence to warrant a “guilty” verdict
  • Having your DUI case heard by a jury can provide more opportunities to file an appeal if you are found guilty at trial

What Are the Benefits of a Bench Trial?

With these benefits of a jury trial in mind, why would you choose a bench trial instead? There are several potential reasons. For example, some of the benefits of choosing a bench trial in your South Carolina DUI case include:

  • Bench trials are generally faster and cheaper than jury trials
  • The judge will be intimately familiar with South Carolina’s DUI laws and the constitutional protections that apply during and after DUI arrests
    And
  • The judge may be more likely to focus solely on the relevant facts than jurors who are unfamiliar with the law and trial procedures
  • The judge most likely will not be swayed by prosecutors’ tactics, and instead will focus strictly on applying the law to the facts at hand
  • The judge may also be more impartial than a jury, particularly if the jury selection process doesn’t go your way

Which Option Should You Choose?

In light of these competing considerations, which option should you choose? The short answer is, “It depends.” An experienced DUI defense lawyer will be able to help you make an informed decision based on the unique circumstances of your DUI case.

When helping you decide whether to choose a jury trial or a bench trial, your lawyer will also help you evaluate the other options you have available. While some DUI cases go to trial in South Carolina, many are resolved long before the defendant’s court date arrives. Depending on the circumstances of your DUI case, your lawyer may also be able to help you pursue options such as:

  • Entering Into a Diversion Program – If you are a first-time DUI offender, you may be eligible to participate in one of South Carolina’s diversion programs. These programs “divert” your case from trial during your participation. If you complete the program successfully, your DUI charge will be dismissed without the need to go to trial. Entering into a diversion program is a good option for eligible first-time offenders who are likely to face a conviction regardless of whether they choose a jury trial or a bench trial in their DUI case.
  • Negotiating a Plea Bargain – Another alternative to going to trial is negotiating a plea bargain. This is an option for all DUI offenders in South Carolina, although the prosecutor’s office must be willing to negotiate based on the circumstances of your case. While there are several ways to handle plea negotiations, one of the most common approaches is to seek to have your charge reduced from a DUI to a “wet reckless.” While a “wet reckless” still carries consequences, these consequences are far less severe than the consequences of a DUI.

Schedule a Free Consultation with North Charleston DUI Defense Lawyer Rad S. Deaton

The decisions you make at the outset of your South Carolina DUI case could truly impact the rest of your life. As a result, it is critical not to rush these decisions—and to make sure that you are relying on sound legal advice. If you are facing a DUI and would like to speak with a lawyer in confidence, we invite you to call 843-225-5723 or contact us online to arrange a free consultation.