If facing a DUI, will a jury decide my case at trial?

It depends. Pennsylvania does not allow for jury trials on “ungraded misdemeanors.” All first, and many second, DUI offenses are ungraded misdemeanors. Therefore, if your DUI is an ungraded misdemeanor, the judge, rather than a jury, will hear the evidence. If you are arrested on a second offense DUI with an alleged BAC of .16% or higher (or if you refuse testing), or a third offense DUI, you will have the right to a jury trial. When determining whether you have prior offenses, the court will look back 10 years. Also, if you are charged with an ungraded misdemeanor DUI but also face other charges like homicide, aggravated assault, certain drug charges, fleeing, and eluding, for example, you will be entitled to have your whole case heard by a jury.

During the trial, each side will have the opportunity to present its evidence and to challenge evidence presented by the other side. Under the Fifth Amendment to the U.S. Constitution, you will not be required to testify yourself. Whether you do is something that must be discussed at length and on more than one occasion with your DUI lawyer. Time with your lawyer is crucial to your making the best decision about whether testify.