If you get charged with a DWI, your options usually involve taking a plea deal or going to trial. You might be asking if a jury can hear your case. The Sixth Amendment gives criminal defendants the right to a jury trial, and that right generally applies in New York DWI cases. If you are charged with Aggravated DWI in New York, you can seek a jury trial, too.
There are many ways a DWI case can move forward toward resolution in New York. Many cases get resolved through a plea agreement, maybe for a lesser offense or lesser penalties.
The right choice for you depends on the facts of your stop, the tests the police used, and your history. A New York DWI lawyer can look at the details and help you decide what makes sense. You may also be wondering about your license, potential penalties, and how long a DWI stays on your record. Those are important questions to ask now, not later.
If you’re facing a DWI charge in New York, it’s important to understand your options, including the possibility of a jury trial. You deserve an experienced and compassionate New York DWI lawyer to guide you through the legal process. Rachel Kugel has years of experience handling DWI cases and is dedicated to protecting the rights of those charged with DWI. Contact The Kugel Law Firm at (212) 372-7218 for a free consultation.
You Can Get a DWI Jury Trial in New York
If you are charged with DWI in New York, you can ask for a jury trial. A DWI is a criminal case in this state, and that gives you this right.
Due process is a constitutional requirement in the U.S. The government cannot deprive you of “life, liberty, or property without due process of law.” The more severe the criminal charges you face, the stronger your due process rights are to protect and defend yourself.
- In a NY misdemeanor DWI, you have the right to a jury trial with 6 jurors (alternates may be selected).
- In a NY felony DWI, you have the right to a jury trial with 12 jurors (alternates may be selected).
Misdemeanors are serious. Felonies are even more serious. Fines increase, jail time can be longer, and license revocations are more common.
Most first-time DWIs in New York are unclassified misdemeanors. If you drive intoxicated with a child who is 15 or younger in the vehicle, that is a separate Class E felony under Leandra’s Law, even on a first offense. A second DWI within 10 years is a Class E felony. A third within 10 years, with two prior qualifying DWI-type convictions in the preceding 10 years, is a Class D felony.
How Does New York’s Jury‑Selection Process Work?
Here’s how New York’s jury-selection process works for a criminal case like a DWI. First, you get a summons and complete a short qualification questionnaire that confirms things like age, citizenship, county residence, English proficiency, and eligibility. If your summons or questionnaire goes missing, the Commissioner of Jurors can replace it. Not answering can trigger a noncompliance notice.
When your case is called, a panel of prospective jurors enters the courtroom. For felony trials, the jury has twelve people, while most misdemeanor trials in local criminal courts use six. Courts may also seat alternates.
Next comes voir dire, the questioning of potential jurors by the judge and the lawyers. The court manages the process, and both sides can challenge jurors for cause if bias or other statutory grounds appear. Each side also gets a limited number of peremptory challenges that can remove a juror without stating a reason, subject to constitutional limits.
Only jurors who can be fair are sworn. They will later deliberate and must reach a unanimous verdict. If they cannot agree, the judge may declare a mistrial, and the case can be tried again before a new jury.
Why this matters in a DWI case. Your lawyer’s questions during voir dire help uncover bias about alcohol, field tests, blood draws, or police credibility. Thoughtful cause challenges and smart use of peremptories can shape a panel that will actually listen to the evidence and the law, not assumptions. If deliberations stall and the jury deadlocks, your attorney can ask for the appropriate instructions and preserve issues tied to a potential mistrial. That leverage can influence plea discussions and trial strategy in your favor.
New York DWI Lawyer
Rachel Kugel
The Kugel Law Firm focuses on defending good people charged with Driving Under the Influence of alcohol or drugs in New York. Led by attorney Rachel Kugel, the team brings a calm, strategic approach to urgent situations, prioritizing your license, your record, and your future.
Rachel stays at the forefront of DWI defense strategies and shares her insights with the legal community. She is a member of the National College of DWI Defense and the DUI Defense Lawyers Association, and she has been invited to speak by AVVO “Lawyernomics,” the NJ Bar Association, and Garden State CLE. The firm is AVVO rated and has been included on the Rising Star SuperLawyer list for three years in a row, giving you peace of mind that your case is in experienced hands.
Key Differences Between Bench Trials and Jury Trials
Defendants facing a misdemeanor or felony DWI charge in New York typically have the option to choose between a bench trial and a jury trial, depending on the specific circumstances of the case. It is crucial to recognize the key differences between these two types of trials in order to make an informed decision.
A bench trial is held with only a judge overseeing the proceedings, without a jury. The judge serves as both the jury and the law interpreter. This type of trial is generally faster and less formal than a jury trial. One significant advantage is that the judge, being familiar with legal nuances, might better understand legal arguments. This can be particularly beneficial in cases where the law is complicated or the evidence is highly technical.
On the other hand, a jury trial involves a group of peers, typically consisting of six or twelve members, depending on the case severity. The jury listens to the evidence presented and makes a decision based on the facts as they interpret them. The jury’s role is solely to determine guilt or innocence based on the evidence, while the judge handles legal rulings. Opting for a jury trial might be advantageous if public sentiment or understanding of societal norms plays a critical role in the judgment.
Choosing between a bench or jury trial in New York depends on various factors, including the specifics of the DWI case, the defendant’s confidence in a single judge versus a group of peers, and the strategy advised by legal counsel. Each option presents unique benefits and should be carefully evaluated based on the circumstances surrounding the charge.
| Feature | Bench Trial | Jury Trial |
|---|---|---|
| Decision-maker | Judge decides facts and law | Jury decides facts; judge handles law |
| Speed | Usually faster and less formal | Typically slower due to jury selection and deliberation |
| Number of people | One judge | 6 jurors (misdemeanors) or 12 jurors (felonies) |
| Best for | Complex legal issues or technical evidence | Cases where community perspective may help |
| Advantage | Judge understands legal nuances | Multiple perspectives; possible jury sympathy |
Is a Jury Trial the Best Option for Your DWI Case?
Even if you have the option for a jury trial, you should consider whether that’s the best option for your unique case. You may benefit from taking another strategy or approach.
For one, trials can get expensive. A jury trial involves more steps than a simple bench trial, where you argue your case directly to a judge. A jury trial will also take longer because you must go through the jury selection and deliberation process.
Other points to consider when thinking of a jury trial for your DWI case:
- If the jury on your case is unable to reach a unanimous decision, your case may be declared a mistrial because of a “hung jury.” A mistrial means that your case essentially has no resolution. The prosecutor may decide to try you again, but not always. This could be a win for you, or it could drag out your case even longer.
- Jurors don’t always follow the law or the rules, even after being instructed by a judge. A juror is much more likely to make decisions based on emotion than logic or legality. This may play to your advantage – but it may also have the opposite effect. For example, if your DWI involves severe injuries or behavior cast in an especially bad light, jurors may vote to convict even if the prosecution has some holes in their evidence.
- Judges are more predictable when it comes to deciding legal issues. A judge is much more likely to stick to the law rather than get swayed by emotions. So if you’ve got a strong legal argument for your case, a bench trial could be a better option.
A knowledgeable lawyer will be able to discuss with you the pros and cons of jury vs. non-jury trials and go over all of your options as the case proceeds.
No two cases are the same, which is why your DWI case requires a custom-tailored approach based on the unique facts of your situation. The only way to know the best strategy moving forward for you is to talk to an experienced DWI lawyer who can help
Schedule a no-risk case consultation with our leading New York DWI attorneys at The Kugel Law Firm today. Reach out to us at (212) 372-7218 to speak with a dedicated attorney at our New York offices.
