---
title: "Is it better to have a bench trial or a jury trial in a DUI case?"
description: "The choice between a bench trial (judge only) and a jury trial depends on the specific facts, the assigned judge, and the strength of the technical defense. Bench trials are typically preferred when..."
url: https://chicagoduilawyer.net/faq-items/is-it-better-to-have-a-bench-trial-or-a-jury-trial-in-a-dui-case/
date: 2026-07-08
modified: 2026-07-08
author: "Chicago DUI Lawyer"
type: faq
lang: en
---

# Is it better to have a bench trial or a jury trial in a DUI case?

The choice between a **bench trial** (judge only) and a **jury trial** depends on the specific facts, the assigned judge, and the strength of the technical defense. Bench trials are typically preferred when the defense relies on a legal or technical argument that a judge understands better than a jury: for example, a complex Fourth Amendment stop issue, a breathalyzer calibration challenge, or a rising-blood-alcohol defense. Jury trials are usually preferred when the case turns on witness credibility, when the officer's report contradicts the video, or when jury sympathy is likely on facts like a medical condition mimicking impairment. Cook County misdemeanor DUI jury trials are 6-person juries. A Chicago DUI lawyer makes the recommendation after reviewing discovery and the assigned courtroom.