If you elect to have a jury trial for your DUI, you will generally have 6* independent jurors who will judge the case and determine guilty or innocence. (*this may be 12 if there is a felony charge). The jury system mandates that the jury decision be unanimous and is designed with the intention of preventing wrongful convictions. If your case is tried to a judge, that one person will decide your fate.
While most judges attempt to remain wholly impartial, many are also arbiters at heart. That is not to say that the judge will not attempt to follow the law, but if a case is a close call, they may find a way to either split the difference or justify a conviction. Many judges are former prosecutors and essentially believe (1) police officers are generally believable and honest; and (2) find guilt if they would have prosecuted the case.
The legal standard of proof, whether judge or jury, is to find the defendant guilty only if you believe that the defendant is guilty beyond a reasonable doubt. Often jurors have an easier time finding doubt, where a judge who sees hundreds or thousands of cases a year may become hardened to guilty findings. Most importantly, Judges are people and they vary widely in how they look at cases, particularly DUI cases. For example, some judges think that you are impaired if you have a glass of wine, while others believe that you can be not under the influence even if you have 6+ drinks. Experienced DUI attorneys know the judges and their tendencies. While this does not guarantee a result, defendants should rely on the experience and advice of their legal counsel
Judges are not bad and there are definitely times that a bench trial may be preferred. You should consult with your lawyer prior to choosing whether to take the case to suppression, bench trial (judge) or jury trial. Many experienced DUI attorneys have extensive history of trying cases to both juries and judges. If you are charged with a DUI/OVI, know your rights. For consultation or representation in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-6453 or email [email protected].